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Old 05-30-2011, 07:27 PM   #64
nottoocreative
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Quote:
Originally Posted by MoManning View Post
Lynn, not sure if you missed this -- (see below) but I'm clipping my answer from a few posts back as to why you can't do just "anything" with a stamp you bought to use to stamp.

I know my rights as an illustrator. I have been negotiating contacts with companies for 30 years for various rights to my work. A users license for a stamp is a contract too. And a copyright owner can pick and choose the rights they want to sell to you. You, as a consumer can pick and choose to buy only stamps by a stamp company who grants you permissions that you agree with.

xoMo
Mo, let me say first that I appreciate your responses--you are definitely remaining polite, even though I'm sure we are probably stepping on your toes as a designer and artist! Thank you for providing all of this information.
I did see your post, I'm just not convinced that it applies Again I ask "where are the court cases" vs lawyer's opinions? I agree with you about a finished piece of art; that seems clear. But a stamp, which is a tool designed for duplicating that art--not so clear. You mentioned that we are buying a "license," but how is the buyer to know that? Every CD you buy has the law right on it...not so for a stamp.
Does the "terms of agreement" the maker supposedly puts out there really hold water legally--especially since it is never made clear when you buy the stamp that there is some unwritten contract that you are entering into?
Even the online sellers of rubber stamps do not require you to indicate that you understand that you are agreeing to their terms of use (except for digital stamps). Not everyone is on SCS, so my guess is there are LOTS and LOTS of stampers who are unaware of all this.
Furthermore, for a CD it's pretty much all the same. But we are expecting everyone to keep track of all these angel policies?? I do agree with you that you can choose not to purchase if you disagree with the terms (which is what some people are saying)--but what if you already purchased and didn't know the terms?
This is the issue I am raising.

On a more personal note, may I ask why someone would put their art on a stamp and then expect to dictate whether that image is sold on a card? I know you've said YOU are okay with the card being sold--but why would someone NOT be okay with that?
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Lynn

"Sir, my concern is not whether God is on our side; my greatest concern is to be on God's side, for God is always right”--Lincoln
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