DSF

I see this been discussed previously but still rather confused about it all so going to explain what I'm planning on doing and advice for it. I'm planning on hiring a graphic designer to make me some stock phone covers (football related mainly using the club badges but some other types as in models/bands) with the purpose of me printing of a number of the covers for sublimation to sell on online. I'm wanting to know where I stand with regard to the license, After I have paid the designer does the license transfer in order for me to sell on fully licensed covers when I receive them or do I need to purchase a separate license in order to sell them? It's all pretty confusing if I'm honest and I'm pretty lost with it all.

Disco_Dave46;64430 wrote:I see this been discussed previously but still rather confused about it all so going to explain what I'm planning on doing and advice for it. I'm planning on hiring a graphic designer to make me some stock phone covers (football related mainly using the club badges but some other types as in models/bands) with the purpose of me printing of a number of the covers for sublimation to sell on online. I'm wanting to know where I stand with regard to the license, After I have paid the designer does the license transfer in order for me to sell on fully licensed covers when I receive them or do I need to purchase a separate license in order to sell them? It's all pretty confusing if I'm honest and I'm pretty lost with it all.

Football club badges are probably the most protected things going

Dont even think of using football club badges. Doesnt matter if your graphic designer claims its ok to use them, its not. You as the seller need to show a direct licence to use the intellectual property of a football club, and football clubs by their very nature are extremely protective of their logo/name. Same goes with bands. You'll end up quickly getting a whole slew of lawyers letters demanding damages.

You wont be able to use football club, badges or club names, models or bands without permission/license

Must type faster

So I'm guessing when I see covers that have the badge of a club on them on say Ebay/Gumtree and they say fully licensed there most probably not telling the truth?

Disco_Dave46;64440 wrote:So I'm guessing when I see covers that have the badge of a club on them on say Ebay/Gumtree and they say fully licensed there most probably not telling the truth?

highly doubtful that theyd have a licence i put man u on a mug in my early days thought they cant complain at that how wrong was i luckily i only had a cease and desist letter but i had a list as long as your arm as to what was out of bounds ie man u , red devils and so on my advise steer well clear

They could well be licensed, but you need to be discussing with the clubs directly, not some designer. The FA patrol ebay and remove the listings, umbro also remove counterfeit products of certain teams who they have contracts with.

When you talk about transferring licences from the designer, I think you are confusing copyright and licence... completely different.

Club badges are trademarked and you need a licence (assuming they grant you permission and you can afford it).
Models and bands photos, they are copyrighted by the photographer who took them, but the BPI and record companies will police ebay auctions and remove those.

You are talking tens of thousands of pounds to do this legally, plus commission back to the owners. You would need to be selling to high street stores to recoup your money.

purpledragon;64441 wrote:highly doubtful that theyd have a licence i put man u on a mug in my early days thought they cant complain at that how wrong was i luckily i only had a cease and desist letter but i had a list as long as your arm as to what was out of bounds ie man u , red devils and so on my advise steer well clear

Ok question... What if I offered a "create your own cover" option put some sort of disclaimer on an they sent me a picture with a badge on or something similar and made the cover myself would that be ok?

If an image is copywrite (or is a patented design/trademark) then you need the permission of the owner of the copywrite material/design to use it/print it/sell it without opening yourself up to legal action. No disclaimer given as you've described can get you out of complying with UK law.

Disco_Dave46;64443 wrote:Ok question... What if I offered a "create your own cover" option put some sort of disclaimer on an they sent me a picture with a badge on or something similar and made the cover myself would that be ok?

As pisquee said, a disclaimer means absolutely nothing. It is you who is reproducing the image without consent and profiting from someone's trademark/ copyright. There are no loopholes in this!

Getting caught would probably bankrupt you or else Trading Standards will knock on your door...passing off, copyright infringement, trademark infringement is serious stuff.