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Re: [teacherartexchange] VW Copyright/Trademark - eBay is full of "infringers"


From: Judy Decker (judy.decker_at_TeacherArtExchange)
Date: Wed Feb 22 2006 - 07:25:50 PST

Hi Wendy and all,

Gosh - do you think I ought to send this to the attorney's for VW of
America? Maybe I should help them out (grin). I do have their email
address. The paper mache prototype was up to $1.25 in bids when I
checked. This is a Trademark issue, too.... One can not call a work of
art a "Fast" now as that is Trademarked by VW of Germany/America. I am
certain the shape of the "Fast" will also be protected by Trademark
law as well.

As you saw, I found more sources for the eBay sellings of the "Fast".
They are going for as high as $600.00.... Won't be too long before
they stop giving them as incentives.

I loosely call the person who made the paper mache "Fast" an "artist"
(middle school kids could make a better model Fast than that one). I
wonder if it really was made by a kid?

They can't stop someone from making them.... they can put a stop to
someone trying to sell them - especially calling them a "Fast". By the
time VW gets wind of these listings on eBay - they are gone. EBay is
full of copyright infringers... always has been. EBay needs to police
their participants more (and ban them from selling if any claims of
copyright are brought up). I read all the eBay copyright "woes" on the
Dollmakers list last year (of course my silent comment was - "then
don't make your work so easy to copy if it bothers you" - of course I
never posted that - grin). I personally grant you permission to grab
any images you want to use to inspire kids from eBay (smile and a
wink). I have saved a lot of images myself (including some form the
Dollmakers - LOL).

I bet eBay has something in their fine print about selling copies of
works that are copyrighted.... but I am not curious enough to find
out. Ebay probably has something in the fine print about the images on
their site, too.....but again, I am not curious enough to find out.

Wendy - if you see this... my message to you off list was asking you
to continue to post FUN stuff for us to talk about (I had a typo in my
message to you - oops didn't spell check that one).

BTW - Warhol DID have permissions in place when he did the Volkswagen
Lemon VW Ads.... there is a record of it on the images. I found this
out from the Andy Warhol Foundation (person in charge of licensing). I
was surprised to get a response back. When we look at Pop Art works of
art - we don't know what went on behind the scenes..... I pulled the
page that had Warhol's images shown when I found that out.... and will
put the page back on after Don Stewart's case is solved. I was sure
Don would win - until I researched Trademark law thoroughly.... Now I
think it is a toss-up. Trademark law is different than Copyright law.
Fair Use in Trademark is very limiting.


Judy Decker - Your Copyright/Trademark Queen

On 2/21/06, wendy free <> wrote:

> is a "limited edition" and in high demand - selling
> for $300+ on ebay:

> but check out THIS seller's item:
> :D wendy free

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