Forums: Discussions for entrepreneurs and small business.

Thank you david... you have Covered every angle.
Like you said, they prey on the ignorance of SAHM moms.. It is time for you to step up to the plate... I`m pretty sure now that everyone has given you some advise you are better prepared.
My suggestion to you would be, get some legal advise. I know that when you are on a budget lawyers can be expensive, but you can purchase pre=paid legal service. and for an extra 13 dollars a month you can add the small home business package to your plan which covers business lawyers and any resource you need for your growing business.
If it wasn`t for prepaid legal, I don`t know where my business would be today.
It got me through alot of the ups and downs when I started..
Just something to look into, at least like that you know you have someone watching out for you.

-------------------------

Edgar Monroy
Web Developer / Owner / Consultant
When starting your own business the need to "know-how" is greater than money!
http://www.nuevolution.net

Thank you for all your help.  I don`t like how grey this is but that`s just the way it is.  As one attorney told me; in LA, a judge would rule on the side of the copyright owner (the designer/manufacturer of the paper) and in Omaha, the judge would probably use a "reasonable man" approach and say that the scrapbooker had was not violating a copyright by using the paper as it was intended to be used.

You`re right, David, the lines have been blurred by the net.  I believe Fair Use covers it all, though.  And, I usually quote the "first sale doctrine" when the subject comes up.  For instance, Creative Memories investigates every eBay auction of their products and if you were EVER one of their consultants, even if the products are used, your auction gets pulled and you get a letter.  One woman was roommates with a consultant and  was selling used merchandise she had purchased from her roommate, but because she had the same address as a former Consultant, they pulled her auction. Per my understanding of the first sale doctrine, they really can`t do this. 

Luckily, these aren`t my personal legal wranglings!  But, at times I feel like I am trying to educate an entire industry.  The scrapbook industry literally grew out of the basements of moms who had never done anything business-related.  So, many things that are way off base became "gospel" and keep getting circulated as gospel.  There just isn`t a lot of business "know-how" and therefore, people make decisions with their emotions and not their head.  I daresay it also has something to do with the fact that the industry is 95% women, too.  I can say that, I`m a woman...

 

 

Hi ScrapBiz...wow sounds like an opportunity for a seasoned pro, like yourself, and some talented attorneys to put down in writing what the rules and regulations are...is there such a document or publication out there for this industry?

Can you imagine if the supermarket were to covet rights on their paper shopping bags, because someone thought it might be creative to include in a scrapbook?  lol

Sadly, one of the few attorneys who understood the craft industry passed away a couple of years ago just days after I contacted her.  She had worked primarily in the craft world for some of the bigger companies and understood exactly what I am talking about.

I`d love to get it all down in writing.  Maybe some day...

Thanks for all the advice.

~Kim