I’m sure the clarification is appreciated. But respectfully, you don’t need to know anything about farming to understand theft. And if I’m wrong that reproducing somebody else’s art for profit is theft, please clarify for me.You probably shouldn't criticize the pig if you don't know anything about farming.
There are four live US trademarks for "pompous ass":
One, "Pompous Ass Power Training," which is applicable to "Counseling in etiquette and protocol." (We could probably use that one here in PCF...)
The other three are owned by McGibbs Inc., in Burdette, New York, and are applicable only to:
- Wine
- Beer, ale and malt liquor
- Clothing, namely, t-shirts, sweatshirts, sweaters, hats, scarves and jackets
Nothing there pertains to goods used in playing poker.
If there was any legal problem at all here, it would probably have to come from the realm of copyright and be directed at whoever created or adapted the artwork.
It isn't the use of "Pompous Ass" that seems to infringe here, more the blatant stealing, er, I mean ripping off, er I mean borrowing, er, I mean paying tribute to the artwork of the donkey in the suit. So yeah, copyright, trademark, yes there is a difference. Sorry if I got the wording wrong.You probably shouldn't criticize the pig if you don't know anything about farming.
There are four live US trademarks for "pompous ass":
One, "Pompous Ass Power Training," which is applicable to "Counseling in etiquette and protocol." (We could probably use that one here in PCF...)
The other three are owned by McGibbs Inc., in Burdette, New York, and are applicable only to:
- Wine
- Beer, ale and malt liquor
- Clothing, namely, t-shirts, sweatshirts, sweaters, hats, scarves and jackets
Nothing there pertains to goods used in playing poker.
If there was any legal problem at all here, it would probably have to come from the realm of copyright and be directed at whoever created or adapted the artwork.
No beef (or pig, as previously mentioned). Just trying to understand the world I now live in. When I grew up, royalties were something that was paid to creators of original designs or artwork. People that copied or slightly modified that design or artwork and then sold said artwork on products weren't normally considered "owners", and certainly weren't entitled to royalties, at least unless the original artwork owner was also compensated. Example: Mark Knopfler ensured that a good chunk of the royalties for "Money for Nothing" went to Sting, because a few of the opening bars to the song sounded like (and were based on) "Don't Stand So Close To Me".What's your beef, exactly?
Well, I'm guessing: that the original artist, and the person who commissioned him/her to design that artwork might have an opinion on that. As a hypothetical, if I took the design that you have "created" and changed the suits of the cards, and then started selling products other than dealer buttons (say Cards Mold chips), might you and your designer be just a little miffed?Am I harming someone here?
No, not those exact words. But your response that they could have a sample of the product that is ripping off, er, I mean stealing, er, I mean paying tribute to their artwork and then being sold commercially (including charging a royalty that isn't even going to them) as full payment for use of said artwork, well yeah, that is a pretty close approximation to "stuff it".I never said anyone can go stuff it. I said they can have one of each DB for free.
so you’re complaining about the terminology. Got it. Well, as has already been stated here, the royalty / design fee / scandalous money grab has been removed from the group buy for these dealer buttons. You can fly your “winning” flag high. Congratulations. Seriously, these are just simple dealer buttons that I thought people would enjoy. Thanks for throwing a huge wet blanket over the whole thing.No beef (or pig, as previously mentioned). Just trying to understand the world I now live in. When I grew up, royalties were something that was paid to creators of original designs or artwork. People that copied or slightly modified that design or artwork and then sold said artwork on products weren't normally considered "owners", and certainly weren't entitled to royalties, at least unless the original artwork owner was also compensated. Example: Mark Knopfler ensured that a good chunk of the royalties for "Money for Nothing" went to Sting, because a few of the opening bars to the song sounded like (and were based on) "Don't Stand So Close To Me".
Now in today's world it seems that someone can plagiarize someone else's work, and charge "royalties" no less. Maybe if you called it a "Designer fee" or "Artwork fee", or just buried the artwork cost in the overall price, it wouldn't seem so odd to me. But it does seem to be a different world these days, so I guess that I will have to learn to adapt.
Well, I'm guessing: that the original artist, and the person who commissioned him/her to design that artwork might have an opinion on that. As a hypothetical, if I took the design that you have "created" and changed the suits of the cards, and then started selling products other than dealer buttons (say Cards Mold chips), might you and your designer be just a little miffed?
No, not those exact words. But your response that they could have a sample of the product that is ripping off, er, I mean stealing, er, I mean paying tribute to their artwork and then being sold commercially (including charging a royalty that isn't even going to them) as full payment for use of said artwork, well yeah, that is a pretty close approximation to "stuff it".
Hey., I'm pretty sure that most people in the world (including me) have purchased pirated/counterfeit products of some sort or another, or have downloaded music/software/etc. from some less than reputable Internet source. And if you aren't actually creating and selling the pirated/counterfeit products, or turning around and repackaging the music/software and selling it commercially, then sure, fill your boots, kind sir! The law is probably not going to affect you (although it could - just ask anyone who downloaded "The Hurt Locker" and got sued for tens of thousands of dollars)
Selling stuff commercially that is a blatant ripoff of someone else's work, however, may be more likely to expose you to legal (civil or criminal) jeopardy. That was the point of my first post. If you're okay with that, well, again, fill your boots!
TLDR: Charging "royalty" fees on copied works just seems wrong on so many levels.
You’re welcomeso you’re complaining about the terminology. Got it. Well, as has already been stated here, the royalty / design fee / scandalous money grab has been removed from the group buy for these dealer buttons. You can fly your “winning” flag high. Congratulations. Seriously, these are just simple dealer buttons that I thought people would enjoy. Thanks for throwing a huge wet blanket over the whole thing.
You’re using a cartoon of Daffy Duck as your avatar. Did you draw that? If not, should we assume you found the original artist and got their permission to use it in a public forum?No beef (or pig, as previously mentioned). Just trying to understand the world I now live in. When I grew up, royalties were something that was paid to creators of original designs or artwork. People that copied or slightly modified that design or artwork and then sold said artwork on products weren't normally considered "owners", and certainly weren't entitled to royalties, at least unless the original artwork owner was also compensated. Example: Mark Knopfler ensured that a good chunk of the royalties for "Money for Nothing" went to Sting, because a few of the opening bars to the song sounded like (and were based on) "Don't Stand So Close To Me".
Now in today's world it seems that someone can plagiarize someone else's work, and charge "royalties" no less. Maybe if you called it a "Designer fee" or "Artwork fee", or just buried the artwork cost in the overall price, it wouldn't seem so odd to me. But it does seem to be a different world these days, so I guess that I will have to learn to adapt.
Well, I'm guessing: that the original artist, and the person who commissioned him/her to design that artwork might have an opinion on that. As a hypothetical, if I took the design that you have "created" and changed the suits of the cards, and then started selling products other than dealer buttons (say Cards Mold chips), might you and your designer be just a little miffed?
No, not those exact words. But your response that they could have a sample of the product that is ripping off, er, I mean stealing, er, I mean paying tribute to their artwork and then being sold commercially (including charging a royalty that isn't even going to them) as full payment for use of said artwork, well yeah, that is a pretty close approximation to "stuff it".
Hey., I'm pretty sure that most people in the world (including me) have purchased pirated/counterfeit products of some sort or another, or have downloaded music/software/etc. from some less than reputable Internet source. And if you aren't actually creating and selling the pirated/counterfeit products, or turning around and repackaging the music/software and selling it commercially, then sure, fill your boots, kind sir! The law is probably not going to affect you (although it could - just ask anyone who downloaded "The Hurt Locker" and got sued for tens of thousands of dollars)
Selling stuff commercially that is a blatant ripoff of someone else's work, however, may be more likely to expose you to legal (civil or criminal) jeopardy. That was the point of my first post. If you're okay with that, well, again, fill your boots!
TLDR: Charging "royalty" fees on copied works just seems wrong on so many levels.
Boom.You’re using a cartoon of Daffy Duck as your avatar. Did you draw that? If not, should we assume you found the original artist and got their permission to use it in a public forum?
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For the rest of us who love the group buy, can you at least keep the design fee in our invoice to help cover the time the designers spent.so you’re complaining about the terminology. Got it. Well, as has already been stated here, the royalty / design fee / scandalous money grab has been removed from the group buy for these dealer buttons. You can fly your “winning” flag high. Congratulations. Seriously, these are just simple dealer buttons that I thought people would enjoy. Thanks for throwing a huge wet blanket over the whole thing.
Yup, I (and others here) are using images in avatars that were taken from the Internet, without contacting the owner. Does it open me up to legal jeopardy? Possibly. If the lawyers call, I can say truthfully that it is for personal, non-commercial purposes. Will that make a difference? I dunno.You’re using a cartoon of Daffy Duck as your avatar. Did you draw that? If not, should we assume you found the original artist and got their permission to use it in a public forum?
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It’s not “seeming” hypocritical… it IS hypocritical.Yup, I (and others here) are using images in avatars that were taken from the Internet, without contacting the owner. Does it open me up to legal jeopardy? Possibly. If the lawyers call, I can say truthfully that it is for personal, non-commercial purposes. Will that make a difference? I dunno.
And I am aware of the seeming hypocrisy here, but my earlier point was that using images for personal use exposes the person to some degree of risk, but selling those images increases the risk exponentially.
Charging royalties for copied images probably adds to the risk as well
Yup, I (and others here) are using images in avatars that were taken from the Internet, without contacting the owner. Does it open me up to legal jeopardy? Possibly. If the lawyers call, I can say truthfully that it is for personal, non-commercial purposes. Will that make a difference? I dunno.
And I am aware of the seeming hypocrisy here, but my earlier point was that using images for personal use exposes the person to some degree of risk, but selling those images increases the risk exponentially.
Charging royalties for copied images probably adds to the risk as well
What happened to your avatar? LOLLOL.Yup, I (and others here) are using images in avatars that were taken from the Internet, without contacting the owner. Does it open me up to legal jeopardy? Possibly. If the lawyers call, I can say truthfully that it is for personal, non-commercial purposes. Will that make a difference? I dunno.
And I am aware of the seeming hypocrisy here, but my earlier point was that using images for personal use exposes the person to some degree of risk, but selling those images increases the risk exponentially.
Charging royalties for copied images probably adds to the risk as well
I believe Andy Warhol has already clarified that matter very thoroughly...... And if I’m wrong that reproducing somebody else’s art for profit is theft, please clarify for me.
As I pointed out in a similar thread recently, that exact issue is before the Supreme Court as we speak. So maybe hold off on those shades til we get a decision.I believe Andy Warhol has already clarified that matter very thoroughly..
Millions of dollars in royalties for a famous photographer and artist VS $20 in dealer button royalties seems pretty different. Again, look at literally anything on ETSY.As I pointed out in a similar thread recently, that exact issue is before the Supreme Court as we speak. So maybe hold off on those shades til we get a decision.
https://www.npr.org/2022/10/12/1127508725/prince-andy-warhol-supreme-court-copyright
So if they’re breaking laws all over Etsy, we should do it here too?Again, look at literally anything on ETSY.
So if they’re breaking laws all over Etsy, we should do it here too?
Your avatar is the same as the Daffy Duck avatar that was being used. Did you create the Dunes chip/logo? Did you get permission to post that picture from the original artist? It’s the same thing. Where does it stop?So if they’re breaking laws all over Etsy, we should do it here too?
Boom.Your avatar is the same as the Daffy Duck avatar that was being used. Did you create the Dunes chip/logo? Did you get permission to post that picture from the original artist? It’s the same thing. Where does it stop?
There is nothing wrong with asking for a little money for your time, no matter how long or short it takes.If I hire someone to come and paint a couple Disney characters in my child's room, they're not doing it for free...but are violating something, I'm sure. It's a matter of scale. If that mural painter went national with advertising, I'm sure they would draw the ire of Disney, but doing a copyrighted image once in a while on a small scale will fly under the radar. You decide if you'd have the painter replicate that image or you prefer someone come up with an original character (that your kid asks," Dad, who's that?) .
I have had lots of people ask me via PM things like, "can you make me a dealer button or chip that looks like XYZ", and ask if they can send me a few $ for my time. Most often if it's easy, I'll do it for nothing, but if it takes a while, I won't refuse. They then order a few and sell off the extras here. That small amount for my time gets passed along.
With a group buy, it's similar, but the few $ was just spread out a few cents for each one. I guess it's the scale that has drawn the attention. I always felt doing artwork here was small scale for a few folks, but I guess it's bigger than I thought.
I will say I'm far more likely to take requests only via PM going forward, so if that was the intention, well played.
Yeah, I’m pretty comfortable posting my own picture.Your avatar is the same as the Daffy Duck avatar that was being used. Did you create the Dunes chip/logo? Did you get permission to post that picture from the original artist? It’s the same thing. Where does it stop?
Are you kidding me? Of course I have a problem if similar stuff goes on at Etsy. But I’ve never bought a single thing from Etsy so it’s not my problem.I have a feeling that the screaming from the few Debbie Downers here have no problem with Etsy, or whatever other sites sell similar products.
There is a saying…I wonder if this is a generational thing?
Like, did people who grew up in a time when you could copy, paste, and print literally anything in the world, did they just grow up assuming they could do anything they want with those images?
Not trying to be a dick here, it’s a serious question.
When I was growing up, I worked at a copy center. And when we got a full color laser copier, we had a list of regulations too long for anybody to read, telling us what we couldn’t copy. Basically if it wasn’t your original work, we weren’t copying it. Now maybe that was corporate being overly cautious, but I’m pretty sure they were just trying to follow the letter of the law.
I don’t care if people here follow letter of the law or not. Just don’t tell me that speeding is legal, or laugh at anybody who points out that it isn’t.