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As organisers of artisan and, more recently, general markets, we frequently come across issues related to intellectual property (IP) infringement and find that very few traders are aware that they are breaking the law. This includes copyright and trademark violations, which can arise in various ways—whether through the unauthorised use of trademarked characters or logos, reproducing copyrighted prints, movie quotes, images of real people, or selling counterfeit goods. To maintain the integrity of our markets and protect both traders and consumers, we take IP infringement very seriously and do not allow it under any circumstances.
What Are Copyright and Trademarks?
Copyright protects original works of authorship, such as artwork, designs, music, books, movies, and photographs. It gives the creator exclusive rights to reproduce, distribute, or display their work, and others must have permission to use it.
Trademarks protect brand names, logos, symbols, or phrases used by businesses to identify and distinguish their goods or services from others. They help customers recognise the source of the product, and using them without permission violates trademark laws.
For Creators and Artists at Artisan Markets
Many of the talented artists, designers, and creators in our markets produce beautiful, unique work. However, some may unintentionally engage in IP infringement by:
Reproducing Trademarked Characters or Logos: Even if the artwork is handmade, using popular characters, logos, or symbols (e.g., Disney, Marvel) without a commercial licence is a violation of trademark law.
Using Licensed Fabrics for Commercial Products: Fabrics that feature copyrighted characters or logos are often sold with a personal-use licence, which means you cannot legally sell products made from them without a commercial licence.
Reproducing Prints or Artwork That Are Not Your Own: If you use prints or images created by others without obtaining permission from the original artist, this is a violation of copyright law, even if the items are handmade or altered.
Using Movie Quotes Without Permission: Popular movie quotes, such as "I'll be back" from The Terminator or "May the Force be with you" from Star Wars, are protected by copyright as part of a film’s script. Using these quotes on items for sale (e.g., t-shirts, mugs, posters) without proper licensing from the copyright holder is considered copyright infringement.
Incorporating Song Lyrics or Famous Quotes: Similarly, using song lyrics, literary quotes, or catchphrases without permission—especially for commercial purposes—can infringe on copyright protections.
Reproducing Images of Real People: The reproduction of images of real people, such as celebrities, footballers, or public figures, can lead to rights of publicity issues. Even if you take your own photograph of a celebrity and base your painting or artwork on that, selling it without permission may infringe on their right to control the commercial use of their likeness. For example, selling a painting of a footballer like Cristiano Ronaldo, even based on your own photo, could require permission or a licence. Deceased celebrities, such as Elvis Presley or Marilyn Monroe, may also be protected by these laws, depending on the jurisdiction. Even as a simple act of courtesy, seeking permission or approval when using the likeness of a deceased person from their estate or rights holder is advisable, rather than benefiting commercially from their image without acknowledgement.
These examples cover some of the most common issues, but they are not exhaustive. Other forms of IP infringement may also arise. If you're unsure, it's always best to seek legal advice or check for appropriate permissions to ensure compliance with intellectual property laws.
Even unintentional actions like these can lead to legal consequences and damage the trust customers place in the authenticity of our artisan markets and your reputation as an artist.
For General Market Traders
In general markets, traders may unknowingly violate IP rights by:
Selling Counterfeit Items: Selling counterfeit goods violates trademark laws. Counterfeit items often feature illegally reproduced logos or brand names and can have serious legal repercussions.
Reselling or Producing Unlicensed Items: This includes products that feature unlicensed trademarked images, such as mugs or t-shirts with Disney characters, famous movie quotes, or celebrity likenesses. Unless the item or image is purchased from an official distributor with resale rights, selling these items constitutes IP infringement.
These examples cover some of the most common issues, but they are not exhaustive. Other forms of IP infringement may also arise. If you're unsure, it's always best to seek legal advice or check for appropriate permissions to ensure compliance with intellectual property laws.
Ethical Reasons to Avoid IP Infringement
Beyond the legal risks, there are ethical reasons to avoid infringing on intellectual property:
Protecting Creativity: Respecting IP rights supports original creators and encourages innovation. As an artisan, you likely understand the importance of protecting your own work from being copied or misused.
Maintaining Your Reputation: Authenticity is highly valued by customers, especially at local markets. Selling counterfeit or infringing products can tarnish your reputation and the reputation of the market community as a whole.
Ensuring Product Safety: Counterfeit goods, particularly electronics or toys, often bypass safety regulations, posing risks to consumers. Traders selling such items may also face liability issues.
What You Can Do
For both creators and general market traders, it’s essential to:
Check the Licences: Always confirm that you have the commercial rights to any materials, designs, images, quotes, or likenesses of people you use in your products. Many fabrics, art prints, and designs are sold for personal use only, and using them commercially without permission can result in IP infringement.
Seek Permission: If you want to use a trademarked logo, character, movie quote, song lyric, or the image of a celebrity, you must obtain permission or a commercial licence from the owner. Some companies or estates offer licensing programmes specifically for small businesses.
Focus on Originality: Creating original work not only helps you avoid IP issues but also strengthens your brand by showcasing your unique talents.
Buy Legitimate Stock: Ensure that any branded items you resell are sourced from official distributors, and that you have the rights to sell them. This ensures your products are legitimate and compliant with IP laws.
Our Role as Organisers
As organisers, we take IP infringement very seriously. If there is any doubt about the legitimacy of the items being sold, we will refuse permission to trade. The onus is on the trader to prove that no infringement exists or to demonstrate that they have permission from the rights holder, whether related to copyright, trademarks, movie quotes, images of real people, or other intellectual property.
Real Deal Certified Market
We are also a Real Deal certified market, which means we are committed to ensuring that our market spaces are free from counterfeit and pirated goods. This certification provides added assurance to both traders and consumers that we are dedicated to maintaining high standards of authenticity and legality. For traders, it reinforces the importance of selling genuine, safe products, while for consumers, it helps guarantee a safe and trustworthy shopping experience.