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Selling a product that incorporates an existing product

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PropMaker

Junior Member
What is the name of your state? California

I like to build props for photographers, usually full sets including walls, benches, rocks, trees and the like. One of the designs I want to do is an old european ruin. The ruin is a design of my own, BUT, I'd like to incorporate an existing product I purchased retail (a light-weight, mass produced from China) faux stone lion's head. This would be embedded into the wall and repainted to match.

Can products such as the lion's head be incorporated into another product sold retail to others? In this case, I would be purchased a stone lion head for each custom wall, but I would not have a specific license to use them in this manner. Since the prop consists of a faux stone look wall and stone lion's head, both elements are principal features.

I'm concerned that I would be violating a copyright law and or some state or federal law regarding product use/resale.

Any advise would be appreciated.
 


divgradcurl

Senior Member
Can products such as the lion's head be incorporated into another product sold retail to others?
Yes. The first-sale doctrine allows you to pretty much do whatever you want with items that you have purchased at retail, except duplicate the items without permission.

In this case, I would be purchased a stone lion head for each custom wall, but I would not have a specific license to use them in this manner.
You do not need a license in this case -- see above.

I'm concerned that I would be violating a copyright law and or some state or federal law regarding product use/resale.
As long as you are not duplicating the items or using the item's trademarked name (if it has one) to try and sell your finished product, you are in the clear.
 

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