CreativeBlock
Member
What is the name of your state (only U.S. law)? Nevada, though I believe this might be on a national level?
A friend of mine began this discussion on another site (non-legal-matter-oriented) and I was wondering if the wonderful contributors here could give their opinion ...
St. Jude's Ranch, a non-profit organization (if that matters in the equation) and based in Nevada, as a fund-raiser, recycles for profit (so to speak) used greeting cards. They take the front of the card, recycles it into another card (using their own or donated cardstock for the back) and sells them for $1 a piece in their online store.
They have been threatened with lawsuits by the companies in my post's title: American Greetings, Hallmark, and Disney (of course, Disney threatens lawsuit if you even mention Mickey Moose it seems). They cite that it's copyright infringement.
Can they do that? (<-- Strike that ~ I know you can sue anyone, for anything)
Is that a valid threat? (I know you can threaten to sue anyone over anything!) Since the cards were originally paid for by those donating them (or by who sent them to the donor who received them for a special occasion), doesn't that constitute some sort of Fair Use?
Please forgive me if I have misspoken any terms ~ though I'm an illustrator by trade, the legalities of copyrights eludes me without a proper dose of caffeine.
Thank you so much for rendering any opinions you care to!
A friend of mine began this discussion on another site (non-legal-matter-oriented) and I was wondering if the wonderful contributors here could give their opinion ...
St. Jude's Ranch, a non-profit organization (if that matters in the equation) and based in Nevada, as a fund-raiser, recycles for profit (so to speak) used greeting cards. They take the front of the card, recycles it into another card (using their own or donated cardstock for the back) and sells them for $1 a piece in their online store.
They have been threatened with lawsuits by the companies in my post's title: American Greetings, Hallmark, and Disney (of course, Disney threatens lawsuit if you even mention Mickey Moose it seems). They cite that it's copyright infringement.
Can they do that? (<-- Strike that ~ I know you can sue anyone, for anything)
Is that a valid threat? (I know you can threaten to sue anyone over anything!) Since the cards were originally paid for by those donating them (or by who sent them to the donor who received them for a special occasion), doesn't that constitute some sort of Fair Use?
Please forgive me if I have misspoken any terms ~ though I'm an illustrator by trade, the legalities of copyrights eludes me without a proper dose of caffeine.
Thank you so much for rendering any opinions you care to!
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