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Hello all! I recently came across this forum and have found it so informative and helpful.
Can anyone explain Cricut's Angel Policy to me in plain English? I have found other discussions on it, but have not found a definitive answer. Basically, I would like to know if I can sell items I make using my Cricut at local craft fairs and possibly online (ebay, etsy, etc.). I am also curious about whether or not I can sell items that have been made using licensed cartridges (Hello Kitty, Sesame Street, etc.).
As I understand, the Angel Policy has been updated recently after the Cricut Cake came out. I have also read posts that indicate Cricut's Angel Policy does not have any actual legal basis. Any thoughts or words of wisdom from personal experience? Thanks in advance! :p
(Sorry, I tried to post a link to the Cricut Angel Policy, but it won't let me post URL's yet because I'm too new. You can find it easily through Google...maybe someone else could post the link to make it easier for others to find?)
Provo Craft and Novelty, Inc. (Provo Craft) is thrilled that individuals desire to create and sell personal craftwork (i.e., craftwork personally created by an individual for sale or distribution by that individual and not for the sale or distribution of any other person or entity) incorporating our products, designs and images. In the interest of the creative community and their desires to share their creativity with others, we have granted permission in the form of a limited license to use any of Provo Craft�s designs, images and other products sold by Provo Craft that are protected under U.S. and/or international copyright laws (hereinafter referred to collectively as the �copyrighted material�) for the purpose of creating craftworks for sale in limited quantities in a limited local geographical location. The rights granted by Provo Craft hereunder provide consideration for the terms and conditions set forth herein and the. As such, any individual using the copyrighted material pursuant to this license hereby expressly agrees to the terms and conditions set forth herein.
1. All Provo Craft products that incorporate, provide or utilize copyrighted material are copyrighted by Provo Craft and Novelty, Inc. and are protected under United States and international copyright laws, which means that they cannot be copied without the written permission of Provo Craft.
2. Any craftwork to be sold must not incorporate third-party copyrighted material. The craftwork must contain only Provo Craft products that are sold under the Provo Craft trademark.
3. The individual may sell or distribute personal craftwork at local community fundraisers, seasonal boutiques or bazaars, or other temporary craft events. Personal craftwork incorporating Provo Craft copyrighted material cannot be sold at a fixed retail location such as a store or mall kiosk, left in a store on consignment, or sold to other parties for subsequent resale, or sold via the Internet.
4. The use of the copyrighted material to be sold with a product, to enhance a product or to design a product on a regional or national level or for any mass production is expressly prohibited hereunder and requires a written licensing agreement with Provo Craft. (The definition of mass produced is more than fifty copies reproduced within a thirty day period of any one design or more than 200 copies per year of any one design. Multi-person ****embly-line work counts as mass production.)
5. Quantities for sale of personal craftwork shall be limited by the production limits set forth herein.
6. The limited license granted herein is not a license of the Provo Craft name or any trademarks, trade names, trade dress or logos of Provo Craft and cannot be used without the express written permission of Provo Craft. In addition, the Provo Craft name or any trademarks, trade names, trade dress or logos of Provo Craft may not be used at any location where personal craftwork items are sold, nor may they be used in any manner to solicit sales of such items nor in a manner that states, infers, or implies an affiliation with Provo Craft.
7. You may not use Provo Craft and Novelty, Inc. copyrighted material for the purpose of creating logos, trademarks, trade names, trade dress or trademarks (e.g., company trademarks, product trademarks, product packaging, etc.).
8. Wherever possible, each item using or incorporating Provo Craft�s copyrighted material must be marked with �Includes Copyrighted Material of Provo Craft and Novelty, Inc.� in a reasonable size and location that gives reasonable notice.
9. Copyrighted material of Provo Craft may not be altered in any manner, including but not limited to, masking or overlaying portions in the overall design. Any other alteration will be considered an infringement of copyright. In addition, Provo Craft expressly reserves all moral rights in any copyrighted material.
10. Provo Craft shall, without limitation, have the right to terminate the limited license granted hereunder for any reason whatsoever. In the event that Provo Craft elects to terminate this license for any individual, Provo Craft shall notify such individual in writing of such termination. Upon notice such individual shall immediately terminate the copying, sale and/or distribution of any of Provo Craft�s copyrighted material or products or things that incorporate any of Provo Craft�s copyrighted material.
11. Persons creating personal craftwork items for sale are responsible for complying with any state and local business and tax regulations or any other laws or regulations governing the sale of goods.
12. Persons subject to this license ****ume all liability for suitability of their work and for any CLAIM OR cause of action arising as a result of the sale, offer for sale and/or distribution of their work and agree to indemnify and hold harmless Provo Craft and Novelty, Inc. and its artists from disputes arising from the sale, offering for sale and/or distribution of their work.
13. Provo Craft and Novelty, Inc. is a Utah corporation. The laws of the State of Utah govern this licence. The state and federal courts of Utah will have exclusive jurisdiction over any proceeding arising from this policy. Any person that operates under this limited license expressly agrees to be subject to personal jurisdiction in the courts of the State of Utah. Any failure by Provo Craft to enforce any of its rights will not constitute a waiver of such rights.
For more information about our using our products designs or images, contact Provo Craft and Novelty, Inc. Marketing, at 1-800-937-7686.
Effective Date: May 25, 2005
Provo Craft reserves the right to amend or change this policy at any time.
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I can't really speak to Cricut's (Provocraft is the name of the manufacturer) updated policy, but I doubt that anything changed with regard to licensed images. Cricut doesn't have the authority to waive copyrights to images they don't themselves own. Disney, for example, does not allow one to sell items made using their images. They're only meant to be used for personal projects.
I don't have any valid information, but I would guess that any relaxing of the rules pertaining to items made with the Cricut Cake would apply more to things like decorations on cakes and such, like the fancy borders and toppers, not anything with licensed images. As I say, this is all just a guess, though...
I was doing a little more research and I found this update. I don't know if this notice is the new policy or if they are releasing a more "official" updated policy. The one Tinkerbell posted states it is effective May 2005. This notice is dated April 2010, so maybe it supercedes the old one? What is your interpretation of this "new policy"?
===============
New Update about Provo Craft’s Angel Policy
April 23rd, 2010
We've gotten some great feedback on the Angel Policy revision we made last week as it pertains to Cake. It's such great feedback, in fact, that we’d like to do something similar for paper crafters and mixed media artists. Moving forward, we're going to combine cake and other mediums so there's just one Angel Policy for everyone. And at the same time, we’d like to provide a bit more clarity to that policy. This will be the official policy going forward, and while there could be additional adjustments or clarifications from time to time, we don’t anticipate any significant changes in the near future.
This new Angel Policy still does not authorize you to produce and sell individual, unassembled cuts using Cricut products (i.e., mass producing individually-cut letters or shapes to re-sell). It does, however, authorize you to sell up to 10,000 completed projects annually (i.e., cards, scrapbook pages, finished cakes), using cuts made with Cricut products. This revision offers the most flexibility possible to those who wish to create and sell projects made using any of the Provo Craft products, while also protecting the creative ideas and images of the independent artists with whom we work to produce art for our cartridges.
We’ve tried to make this new policy as simple and clear as possible. We hope you’ll be really happy with what it allows you to do. But if there’s any part of this policy that you’re still unclear or unhappy about, please call our customer service department at 1-800-937-7686 and we’ll answer your questions. We also recognize that limiting the sale of completed projects to 10,000 differs from what we shared last week specifically with respect to the use of Cricut Cake. So if you bought Cricut Cake this week and find this revision no longer meets your needs, you can contact Customer Service by April 30, 2010 for a refund.
I may have an attitude problem with Provo Craft (well, I do, it's not a maybe) but their angel policy has some definite restrictions that I would definitely have difficulty with if I was selling cards.
1...no selling on consignment, no selling on the internet. Sorry, etsy would be out.
2...only Provo Craft products can be used on any item to be sold. You could not use ribbon, brads, complementary dies, other embellishments, etc from any other company.
3...You cannot mask or layer anything over any Provo Craft product. Sorry, but I like to layer punched greetings and such. Of course this also begs the question of layering a Provo Craft diecut for a greeting over a Provo Craft flower die...because you may be using all their products, but you can't layer. (?)
So...just one more reason that I don't buy anything from Provo Craft anymore.
I love the Provocraft products.....Cricut, Expression and Design Studio. It's easy to abide by the Angel policy, I am not a business so I don't sell what I create.
I also couldn't understand their policy so I emailed them asking for a simpler version and a couple of questions as I didn't want to get sued either and this was the response I got:
"Thank you for emailing Customer Support.
We appreciate your inquiry and intentions to abide by Provo Craft�s policy and the law. Provo Craft has registered all of the artwork contained on the CRICUT� cartridges for copyright protection. In fact, all of the artwork (Cricut cartridges, Cuttlebug�, Acrylic Stamps, etc.) that Provo Craft sells is protected by copyright law. Due to agreements Provo Craft has with its artists Provo Craft is only able to allow what is stated in the Angel Policy
( Provo Craft ). If an individual is looking to use content that is contained on one of the Cricut cartridges, even if seemingly generic, Provo Craft requests that they stay within the bounds of the Angel Policy.
If you have any further questions please feel free to call the number below where one of our representatives will be more than happy to assist you or you are welcome to reply to this email.
the topic of "Angel Policy" really ticks me off!
How dare any of these companies tell us the buyers what we can and cannot do with the item that WE have paid for once it's in our hands...
... WHEN by law they have NO SAY on what we can and cannot do!
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I can't link to sites on here yet because I am new here but in google or whatever other search you use, type in cricut hall of shame member and go to the tabberone website and read up on your rights.
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An angel policy is not a real law! You know, the type that people HAVE to follow. An angel policy is store policy. That's all it is. I can open up a store and say the store policy is no refunds ever but the law says different so if a customer comes back with something that they found to be broken I, the store owner will HAVE to give the customer their money back or end up in court.
Cricut cut files are by copyrighted but what does that actually mean? Well under copyright law they are "templates" and templates fall under "Useful article"
17 U.S.C. � 101. Definitions � "Useful article"
A �useful article� is an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article that is normally a part of a useful article is considered a �useful article�.
And that means that once they sell you the files, you can do with them what you want.EVEN the Disney files. By law you can make things and sell them!
The only thing you CANNOT do is make it seem as if you make the files yourself or make it look like you're selling official cricut/Disney/hello kitty stuff.
So you can't say, cricut hello kitty card but you CAN say, birthday card made from cricut hello kitty die or cut file. Something along them lines.
PLEASE learn more about YOUR RIGHTS and stop listening to the lies that cricut tell you.
You pay how much for the machine? and how much for the files and on top of that the paper/card/glue/glitter and whatever else you use to make thing with and then cricut turn around and tell you that even though you have given them $$$ you now cannot sell any of it? BULL CRAP
They can't just go around making their own laws, it don't work like that!
Thanks for sharing this! Very informative and interesting.
Quote:
Originally Posted by smellybutton82
Hi everyone,
the topic of "Angel Policy" really ticks me off!
How dare any of these companies tell us the buyers what we can and cannot do with the item that WE have paid for once it's in our hands...
... WHEN by law they have NO SAY on what we can and cannot do!
=================================================
I can't link to sites on here yet because I am new here but in google or whatever other search you use, type in cricut hall of shame member and go to the tabberone website and read up on your rights.
=================================================
An angel policy is not a real law! You know, the type that people HAVE to follow. An angel policy is store policy. That's all it is. I can open up a store and say the store policy is no refunds ever but the law says different so if a customer comes back with something that they found to be broken I, the store owner will HAVE to give the customer their money back or end up in court.
Cricut cut files are by copyrighted but what does that actually mean? Well under copyright law they are "templates" and templates fall under "Useful article"
17 U.S.C. � 101. Definitions � "Useful article"
A �useful article� is an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article that is normally a part of a useful article is considered a �useful article�.
And that means that once they sell you the files, you can do with them what you want.EVEN the Disney files. By law you can make things and sell them!
The only thing you CANNOT do is make it seem as if you make the files yourself or make it look like you're selling official cricut/Disney/hello kitty stuff.
So you can't say, cricut hello kitty card but you CAN say, birthday card made from cricut hello kitty die or cut file. Something along them lines.
PLEASE learn more about YOUR RIGHTS and stop listening to the lies that cricut tell you.
You pay how much for the machine? and how much for the files and on top of that the paper/card/glue/glitter and whatever else you use to make thing with and then cricut turn around and tell you that even though you have given them $$$ you now cannot sell any of it? BULL CRAP
They can't just go around making their own laws, it don't work like that!
Selling items made with Cricut
