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naturessignature.net - Trudy L. Smuin

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Copyright Question on Teddy Bear Pics


I have a group that wants me to make a calander for them using teddy bears. The calanders will be sold. Some of the bears that I want to use are Boyd Bears. Can I sell images of them without their permission?


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July 16, 2006

 

Mark Feldstein
  Assuming you reside in the U.S. and/or the bears are made and/or distributed by a U.S. firm or some foreign firm that has registered them in the U.S., then the short answer is "no".
The longer answer - and worst-case scenario - is that the manufacturer could see the images, send you a cease-and-desist letter, then sue you for trademark and/or copyright infringement, confiscate your profits from this endeavor along with those of the group that hired you to do this. Plus, under federal law (which applies in this case), the bear company could collect statutory damages for each photograph and each infringement from both you and the group under federal law.
Ok ... now sing along: "If you go out to the woods today, you won't believe your eyes... If you go out to the woods today, you're in for a big surprise ...."
Take it light.
Mark


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July 17, 2006

 
naturessignature.net - Trudy L. Smuin

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Contact Trudy L. Smuin
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  Thank you Mark. This is what I thought but wanted to double check.
Trudy


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July 23, 2006

 

Mark Feldstein
  You're very welcome Trudy.
Mark


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July 24, 2006

 
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