copyrighted stamp question

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ossaguy

ossaguy

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I've been having fun making stamp pens,and recently made one with Minnesota duck stamps.( my home state )

That turned out nice,so I got a couple more to make another one.On one of those,there is a tiny copyright ( C-in-a-circle ) mark on it.

Does that make it so I can't sell it someday? I've noticed just a few duck stamps that say that.

They look really neat,and with someday wanting to make a pheasant,trout and deer stamp pen,I'd like to find out if I'd get in trouble,or not.

With them available in lots of states,I think they would be a nice choice for a custom-made pen for some customer.

Thanks for any thoughts!

Steve
 
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When you buy the duck stamp, it is yours to do whatever you want with it. Since it is being used on a pen, and can never be put on a hunting licence, I see no problem. The copywrite mark means you can not reproduce them. The laws in every state are different, so if you are worried, check with the Fish and Game Dept. or the DNR to be safe. Jim S
 
Those are kinda funny...

If I purchase a work of art, I can sell it, show it off, charge for people to come and see it, destroy it, .., but I can't let a picture of it be in a magazine with out the artist being noted.

I was an engineer on project years ago and marketing got a copyright on a red line in a black field. In fact they made some other company change their industrial design because it resembled it.

So the stamp is yours to with what you want, but who knows what limits are. If you make lots of money off it, I am sure that some shyster lawyer will contact you and claim you have violated the stamp designer some how.
 
Make them, Sell them, don't worry about it. besides if some shyster lawyer does knock on your door, chances are they want the pen. If your making $100,000 a pen. then the lawyer will have warning letter for you. Besides the Artist's name should be apart of the stamp.
 
Holz Mechaniker said:
Make them, Sell them, don't worry about it. besides if some shyster lawyer does knock on your door, chances are they want the pen. If your making $100,000 a pen. then the lawyer will have warning letter for you. Besides the Artist's name should be apart of the stamp.
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Duck and other license stamps are frequently entered in competition by the artist and the winner's art is the one printed. In some competitions the artist retains ownership and the right to reproduce - in others he/she does not the state owns it. Here in Delaware both approaches are used, depending on which stamp it is. Whether you can sell a pen with a stamp depends on who owns it unless each stamp is marked as copyrighted it's difficult for someone to know and usually the small c is accompanied by a notice of who owns the copyright.
 
Katsin said:
You'd have to talk to a copyright lawyer to know for sure I'd say.

See this article:
First-sale doctrine - Wikipedia, the free encyclopedia

and read the "Limitations" section for a two case precedents on embedding in resin mentioned...
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If this is the case then using postage stamps fall under that too. I don't believe that using a Duck stamp or postage stamp would make a valid case in any courtroom.
In all basic reality, it boils down to Money. If Steve makes $100,000 for every pen that has a Duck Stamp on it. Then there maybe issues. If Steve only makes approximately $100 or so. the Worst case scenario, a cease and desist order from making any more pens with duck stamps.
Just my humble opinion.
 
Holz Mechaniker said:
Katsin said:
You'd have to talk to a copyright lawyer to know for sure I'd say.

See this article:
First-sale doctrine - Wikipedia, the free encyclopedia

and read the "Limitations" section for a two case precedents on embedding in resin mentioned...
Click to expand...

If this is the case then using postage stamps fall under that too. I don't believe that using a Duck stamp or postage stamp would make a valid case in any courtroom.
In all basic reality, it boils down to Money. If Steve makes $100,000 for every pen that has a Duck Stamp on it. Then there maybe issues. If Steve only makes approximately $100 or so. the Worst case scenario, a cease and desist order from making any more pens with duck stamps.
Just my humble opinion.
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There is a lot of confusion in this area of law. I would venture a guess that stamps, which are a common collectable, are legally resellable if they were legally obtained. While in some cases, encasing the stamp in polyresin might decrease it's value to a stamp collector I can't see any difference between selling a stamp in a poly bag and selling a stamp in a polyresin pen blank whether I make a profit or not.

BTW I do know several people who collect duck stamps.
 
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This from my wife who does a lot of sewing and what not. If you purchase the item and use it to make something else the. You are okay. If you made the trademarked item then sold it that's where you run into problems. For
Example I am a Superman nut. She crocheted me a giant superman blanket. That she couldn't sell. But is she sees a superman blanket using fabric she bought at a store that has superman print on it the she can sell it.
 
jyreene said:
This from my wife who does a lot of sewing and what not. If you purchase the item and use it to make something else the. You are okay. If you made the trademarked item then sold it that's where you run into problems. For
Example I am a Superman nut. She crocheted me a giant superman blanket. That she couldn't sell. But is she sees a superman blanket using fabric she bought at a store that has superman print on it the she can sell it.
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Excuse me, but I am confused. It seems like it would be the other way around. Using someone else's fabic would be a no-no and using her own should be okay.
 
jyreene said:
This from my wife who does a lot of sewing and what not. If you purchase the item and use it to make something else the. You are okay. If you made the trademarked item then sold it that's where you run into problems. For
Example I am a Superman nut. She crocheted me a giant superman blanket. That she couldn't sell. But is she sees a superman blanket using fabric she bought at a store that has superman print on it the she can sell it.
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Ahhh that material is licensed by DC Comics to the company who produces the material. Of which that license extends to the end user in this case, say your Wife. To be able to sell it how they wish. A touch different in comparison.
 
its_virgil said:
Rights and Permissions Overview
Stamp Use Information

The U.S. Postal Service® has produced many stamps that contain images on a variety of subjects. This information on stamps and their copyright restrictions can help guide you in obtaining permission for your use of a stamp image.

Availability of Stamp Images
The USPS® does not have electronic files for all stamp images. In some cases, the U.S. Postal Service will not be able to provide the applicant with the stamp image but will grant permission for the use of an image obtained by the applicant.
Co-Owned Stamps (Copyright Restrictions)
In many cases, a stamp image contains elements that are co-owned by the U.S. Postal Service and one or more other entities. The U.S. Postal Service will make every effort to inform applicants of copyrights and other restrictions that may apply, however, it cannot represent or warrant that all stamps images furnished may be freely reproduced in the absence of such notification.

When co-owner information is known to the U.S. Postal Service, permission must be obtained from the co-owner(s) and proof of this must be sent to the Rights and Permissions office. Permission will not be granted without such proof.

In many cases, particularly with older stamps, the U.S. Postal Service does not have information about other potential ownership interests. In these cases the U.S. Postal Service may grant permission for use of the image noting that the permission does not extend to any copyrights, trademarks, or other rights of third parties. The applicant is solely responsible for identifying and obtaining permission from any other third parties that may have an ownership interest in the image.
Federal Duck Stamps
The USPS does not provide permission to use Federal Duck Stamp images. Requests to use Duck Stamp images should be made to the US Fish and Wildlife Service www.fws.gov. Or to purchase Duck Stamps: Buy Duck Stamps online.
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Wow, hmmmm,
I would say this maybe not to allow one to copy whether it is by photo reproduction or redrawing it out.

Is there a Lawyer in the house?! Because I maybe wrong.
 
I guess i'm a little confused now....The stamps I've been using are state,not federal.These are marked, " Minnesota Dept of Natural Resources" so are they different than federal duck stamps? It sounds like they are.

I'm guessing I'd have to write the MDNR then for permission? In the case of sending an application for permission in to the USPS,they charge you $25.00,& I think I read another $25.00 charge too....I can't afford that.

It's weird that only just a couple of the stamps I've seen,& the one I bought that have the small C-in-a-circle mark on it,with no other language on it.

I just thought it would be a real niche-market type of pen for an outdoors person.It would be fun to sell them someday.I'm only talking about a few that I hope to eventually make.

I wonder if there are any fees on the state level to get permission?

Sure wish we had a copyright lawyer in the house!

Thanks everone for your thoughts & advice,I really appreciate it.

Steve
 
tommy2tone said:
jyreene said:
This from my wife who does a lot of sewing and what not. If you purchase the item and use it to make something else the. You are okay. If you made the trademarked item then sold it that's where you run into problems. For
Example I am a Superman nut. She crocheted me a giant superman blanket. That she couldn't sell. But is she sees a superman blanket using fabric she bought at a store that has superman print on it the she can sell it.
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Excuse me, but I am confused. It seems like it would be the other way around. Using someone else's fabic would be a no-no and using her own should be okay.
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Nope--while that might seem to be the way it should work, it isn't the way it works. If I buy a copyrighted item, I own it and the right to sell it but not the right to reproduce it for sale. When I buy a duck stamp I can resell it but not make copies for sale.
 
Smitty37 said:
Nope--while that might seem to be the way it should work, it isn't the way it works. If I buy a copyrighted item, I own it and the right to sell it but not the right to reproduce it for sale. When I buy a duck stamp I can resell it but not make copies for sale.
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This. Exactly this.
 
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