Thread: Legal matter - selling props

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Hey all,

I have to question this because I worry about legal technicalities with my props and would like to get a better understanding before I find myself in hot water.

My tombstones/props are made using stuff that I buy from other vendors and stores. Such as the pictures I use for my stones are from Haunted Memories. The frames which I get from hobby lobby and various wood ornaments I get from hardware stores. Now, since I am using these to create my props for which I will sell to generate a profit and claim the tombstone/props as my creation. Will I face an legal problems by doing so? My thought is no, but I figured it's better to be safe than sorry. I see it as being no different than owning a restaurant and using a certain brands dressing to use on the salads the restaurant sells. Am I safe or will I be sorry?

I believe the concept you're seeking to explore is referred to as Value Added, meaning you are taking a product from a supplier, adding value to it, and reselling it. Generally, any product sold is sold with the understanding it can be used for whatever purposes the buyer wants to use the product for, unless there is an agreed to contract that stipulates restrictions on reuse.

Most of us are familiar with the old "This telecast is licensed by the sports league and is intended for private viewing by our audience. Any rebroadcast, duplication, or retransmission, without the express written permission of the league, is strictly prohibited" line you hear before sporting events. This clearly states that the league owns the property, and you must get their consent before reusing it. You accept the provisions of that contract by watching the game instead of turning it off. So if the manufacturer doesn't make a similar contract with you, there's no restriction.

Where you would get into trouble would be if you made a copy of their artwork. If their artwork is copyrighted by them, you need to buy each piece of artwork you add value to. If you just buy one piece of artwork, then make a bunch of copies of it and violate their copyright, then you could get into trouble.

Thanks a lot!!

Anything you buy in a hardware or craft store is probably fair game, as that's the entire point of those shops is to sell to people building things.

If you are using the original pictures, that's probably fine. If you're using them as a template, blowing them up, using them to carve a design, etc, then that's probably not allowed. You'd have to have a license to use the pictures commercially for that, in which case you'd be more likely to get what you need from someplace like Shutterstock. Also remember that fonts are copyrighted too, so if you're using a unique font from a commercial font foundry and reselling it you could technically get in trouble for it. Even many "free" fonts are only free for personal use. I get my fonts from Font Squirrel, which is 100% free for commercial use.