What is considered an item for resale?

[jbdesign82]

What is the name of your state (only U.S. law)? West Virginia

I know it seems there is an obvious answer to this, but here's my dilemma. I am starting a business creating tee shirts with graphics that are applied using a heat press. The graphics would not be printed and pressed onto the shirt until a customer purchased it online. In other words, the physical item for resale (the shirts) would not exist until after a purchase is made and payment received.

I am asking this because I am using licensed images for the shirts. I have two licensing options for the images. For $1 I can use the image for ads, print, web, etc. but not on items for resale. For $25 I can use the image however I want, including unlimited items for commercial resale.

So, if I purchased the $1 license and put the images on my website advertising them as shirts, but only upgrading to a $25 license after the first purchase was made that used that particular image, would this likely be in violation of the license?

One sale might not cover the entire $25 license fee, but this method of production would at least allow me to avoid paying the license fee on graphics that may never sell a single shirt. I would be using it for advertising, which is permissible with the $1 license, but I would only use it to produce the physical item for resale once I upgraded the license after the first purchase. If no physical item is ever produced with the graphic, to me it would not be in violation, but I have a biased incentive to believe that.

What are your thoughts?

 

[quincy]

What is the name of your state (only U.S. law)? West Virginia

I know it seems there is an obvious answer to this, but here's my dilemma. I am starting a business creating tee shirts with graphics that are applied using a heat press. The graphics would not be printed and pressed onto the shirt until a customer purchased it online. In other words, the physical item for resale (the shirts) would not exist until after a purchase is made and payment received.

I am asking this because I am using licensed images for the shirts. I have two licensing options for the images. For $1 I can use the image for ads, print, web, etc. but not on items for resale. For $25 I can use the image however I want, including unlimited items for commercial resale.

So, if I purchased the $1 license and put the images on my website advertising them as shirts, but only upgrading to a $25 license after the first purchase was made that used that particular image, would this likely be in violation of the license?

One sale might not cover the entire $25 license fee, but this method of production would at least allow me to avoid paying the license fee on graphics that may never sell a single shirt. I would be using it for advertising, which is permissible with the $1 license, but I would only use it to produce the physical item for resale once I upgraded the license after the first purchase. If no physical item is ever produced with the graphic, to me it would not be in violation, but I have a biased incentive to believe that.

What are your thoughts?

Interesting. I am thinking that might work but you really should discuss it with the one(s) providing the license. They could think differently.

 

[jbdesign82]

Interesting. I am thinking that might work but you really should discuss it with the one(s) providing the license. They could think differently.

I just sent an email to the company. I'm curious to see how they respond. I was going to go with the ol' saying of it's better to ask for forgiveness than permission, but probably best not to test that motto when it comes to copyright laws

 

[quincy]

I just sent an email to the company. I'm curious to see how they respond. I was going to go with the ol' saying of it's better to ask for forgiveness than permission, but probably best not to test that motto when it comes to copyright laws

Haha. Yes. It is best when it comes to copyright laws to ask permission. Forgiveness too often comes with a hefty price tag.

I would be interested in hearing what the company says, if you care to post back later with their response.

Good luck with your business, jbdesign82.

 

[jbdesign82]

Haha. Yes. It is best when it comes to copyright laws to ask permission. Forgiveness too often comes with a hefty price tag.

I would be interested in hearing what the company says, if you care to post back later with their response.

Good luck with your business, jbdesign82.

They basically said that any image listed for resale is considered an item for resale even if the physical item has yet to be created. So I'm stuck with getting the $25 license before listing any image for sale on a tee-shirt or similar item.
Perhaps if I get a nice sized following of customers on social media for my business, I could create several designs and have customers vote on which ones they like the best before actually listing them for sale. That is perhaps still a bit of a grey area though. It'll probably be several months down the road before I even begin to build up a social media following, so I'll tackle that legal question when the time comes. For now, I guess I'll have to hope the images I invest in pay off.

Thanks for the support, quincy.

 

[quincy]

They basically said that any image listed for resale is considered an item for resale even if the physical item has yet to be created. So I'm stuck with getting the $25 license before listing any image for sale on a tee-shirt or similar item.
Perhaps if I get a nice sized following of customers on social media for my business, I could create several designs and have customers vote on which ones they like the best before actually listing them for sale. That is perhaps still a bit of a grey area though. It'll probably be several months down the road before I even begin to build up a social media following, so I'll tackle that legal question when the time comes. For now, I guess I'll have to hope the images I invest in pay off.

Thanks for the support, quincy.

Thank you for letting me know what was said about the licensing.

It appears to me that you have been approaching the start of your business in an intelligent way so I have no doubt you will eventually have great success with it.

Best of luck, jbdesign82.