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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi. I am making a large picture, using butterflies, which will

Resolved Question:

Hi. I am making a large picture, using butterflies, which will be available to buy. I am using a piece of fabric bought in a department store as the backdrop for the picture. Do I have to seek the makers of the fabric's permission to use the fabric.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : No, you can just use it,
Alex Watts : This is fine,
Alex Watts : Can I clarify anything for you about this today please?
Customer:

I have just read this on their website - can you clarify that I can still just use it.

Customer:

Ownership


The Website is an official website of TIMOROUS BEASTIES and the copyright and the database rights are owned by TIMOROUS BEASTIES. The Website and all intellectual property rights (including but not limited to rights in the website as a database) in its text, design, graphics, and the selection, organisation and arrangement thereof, together with the TIMOROUS BEASTIES trademark and all other trademarks, logos and trade names depicted on the website belong to TIMOROUS BEASTIES


Limited Licence and Restrictions


You acknowledge and agree that the material and content contained on the Website is made available to you for your personal and non-commercial use and that you may only download such material and content for the purpose of using the Website to a single personal computer. Furthermore you acknowledge and agree that any other use of the material and content of the Website is strictly prohibited and you agree that it is strictly prohibited to (or to assist or facilitate any third party to) copy, reproduce, transmit, modify, publish, display, distribute, commercially exploit or create derivative works of material and/or content from the Website without our written permission and is a violation of our intellectual property rights.


- See more at: http://www.timorousbeasties.com/legals#sthash.rCgVKirZ.dpuf

Customer:

My query hasn't been fully answered and I'm not sure the answer I have been given is totally accurate. Please can you refer to my e mail above and let me know if your previous answer "No, you can just use it" is accurate. I asked this question 3 hours ago - I was hoping for an answer by now.




Alex Watts :

This is nothing to do with it - this is the material on the website.

Alex Watts :

It does not apply to the material you are purchasing, just the content on the website

Alex Watts :

Therefore you can purchase the fabric material, use it and therefore there is no issue.

Alex Watts :

They can't stop you purchasing material, using it and reselling it - this would be a breach of competition law.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for the more comprehensive answer. Can you just completely clarify that I can use the fabric from this company as part of a work of art, under my name, which I can then sell (under my name) and it isn't breaking any laws regarding ownership/copyright or some such thing. Thank you

Alex Watts :

Yes that is correct.

Alex Watts :

Does that help?

Alex Watts :

You are not selling the fabric as such, you are incorporating it into a piece of work

Customer:

Excellent. Thanks very much. I needed to be sure ... I don't want to end up in court!

Alex Watts :

Of course but I hope this reassures you

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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