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Print On Demand Stores Are Being SHUT DOWN & SUED (Why RedBubble, Etsy & Teespring Close Stores) 馃拑 - YouTube
Channel: Wholesale Ted
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hey everyone so today we're going to
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talk about how to not get sued when
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starting a print on demand business
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because you see i sometimes get these
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comments sarah
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such and such print onto my website like
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redbubble or teespring ritzy
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they're shutting down stores and they're
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doing it without
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any warning how dear they sarah
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what's going on how can they do this and
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well frankly the most common reason that
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someone's store gets shut down
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is because they are breaking the law so
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today i'm going to take this mystery
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viewer
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who gave me the redbubble store to
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review and show you some of the products
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in it
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and show you why all of these products
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are risking getting their redbubble
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account shut down
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for being well illegal and actually guys
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i'm editing this video right now so
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i decided to check out the redbubble
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store and yeah it's already been shut
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down
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probably for the things that i'm going
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to talk about in this video and so
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if you're an older subscriber and you're
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thinking but sarah i know
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this stuff already as you can see a lot
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of my newer subscribers don't because
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they haven't taken the time to watch
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those videos so
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i need to make this one so that they
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understand why places like redbubble are
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shutting them down
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so that they can start again but not
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make these same mistakes twice
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and also because we are veering into
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legal issues you know i have to get the
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cliched youtube disclaimer
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i am not a lawyer this video is not
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official legal advice this is for
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entertainment purposes only you should
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not use some random youtuber on the
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internet for your official legal advice
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unless they are legal eagle
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but yes to me this is actually a pretty
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big deal because
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i have a friend that was slapped with a
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10 000
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lawsuit for using images illegally that
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they shouldn't have
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ouch but you know what lawsuits getting
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sued
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none of that is fun and here wholesale
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tear my goal isn't just to make
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educational videos is to make fun videos
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too
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so i decided to go ahead and make this
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video a little more interesting
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yes due to super popular demand dancing
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videos are back
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yay i kind of stopped making these
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videos because while some of you guys
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like them
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clearly many of you don't as well
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so if you do like my dancing quiz videos
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i'd really appreciate it if you go ahead
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and give this video a like to offset
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the incredibly high dislike ratio my
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dancing videos tend to get
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so if you haven't seen one of my dancing
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quiz videos before here is what's going
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to happen
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i'm going to show you a mystery product
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that one of my subscribers is indeed
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selling on
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redbubble and you have five seconds to
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try to guess why that product is illegal
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to sell
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and if you successfully guess why that
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product was indeed legal to sell
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you would point yay play along and see
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how many you can guess right to let me
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know how many you want in the comment
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section below
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so to start this off we are playing for
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10 points
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okay so here is product number one why
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do you think that this product and
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design
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is not okay to sell you have five
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seconds to guess
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go
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alright time's up drumroll please the
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answer is
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this image is protected by copyright
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okay so here is the deal guys i've
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noticed that so many of you selling on
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places like redbubble and teespring
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are just coming to google images looking
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for pictures and photos and
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slapping them onto products and that is
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not okay copyright is a type of
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intellectual property law
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and it means that if somebody makes a
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piece of creative work that they have
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the exclusive rights
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to recreate that creative work and just
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to clarify
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you don't need to register copyright the
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moment you make any type of creative
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work it is protected by default
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most countries around the world
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including china have this law you only
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need to register your copyright
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officially
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if you choose to sue someone for using
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your creative work and
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you can do this retroactively and
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creative work refers to things that
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people create
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usually artistic expressions and of
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course that includes things such as
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drawings
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music paintings sculptures and you
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guessed it
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photography yes photos are protected
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under copyright law
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too so if you wanted to use a photo that
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you did not take
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on top of a product you'd either have to
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get permission from the person who did
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take the photo
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or purchase a license to resell it and i
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am
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99 certain that my viewer did not get
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permission
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or purchased the legal rights to use
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this photo before they slapped it onto
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this product
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and as i said earlier at the start of
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this video i have a friend now
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he has a blog not a print-on-demand
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store but it's a pretty popular blog and
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he was using images that he just found
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on google images on it
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and he got slapped for a lawsuit that
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was over ten
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thousand dollars why well because he was
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just coming to google and doing searches
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for popular celebrities
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and using their images throughout his
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blog post that discuss them
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and funnily enough these images here
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they were taken by photographers who
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sell licenses to big
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companies that want to use them
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exclusively
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and so one of the most notorious
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companies for slapping lawsuits onto
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normal everyday people
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getty images hit him with a lawsuit and
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he came to me and he's like
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sarah what should i do and i was like
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dude i am not a lawyer this is not
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official legal advice this does not
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replace the advice from a lawyer you
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need to go seek a lawyer asap
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and so luckily he did and as we
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discovered in new zealand getty images
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can't just sue you a random number for
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damages they have to sue you for
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actual damages and in this case here the
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actual damages were that he hadn't paid
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the licensing fees so
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his lawyer sent back a letter saying
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that he'd pay the licensing fees
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and he did but in the usa it's a whole
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other kettle of fish
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in america lawsuits are crazy it's
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almost like they can just make up a
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random number for damages that they want
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and so honestly i just don't think it's
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worth it to come to google images and
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just
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rip photos from here hoping that no one
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will catch you
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i mean you might get away with it or you
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might be like the content factory that
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took a random photo someone took of
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omaha nebraska
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and ended up getting sued for eight
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thousand dollars
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which they managed to negotiate down to
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three thousand dollars
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yikes but that doesn't mean that you
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can't use free images on the internet
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there is a way to do it be sure to come
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and search for pictures where the
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creator has
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explicitly in writing deemed decoration
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to have this
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a creative commons license on google
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images you can filter the results to
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show photos that they believe have a
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creative commons license
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and i'd still recommend that you do a
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reverse image search just to make sure
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they aren't also up on a paid image site
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like shutterstock
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but this can be a great way to search
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for photos and pictures that are free to
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use
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even on commercial products that you
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were selling such as t-shirts phone
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cases
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and things like that on redbubble of
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course i do understand
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that a lot of people get confused after
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all people often infringe on copyrights
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a lot online
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so why is it then that some people get
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slept with a lawsuit and taken down
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while some people don't get taken down
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well honestly
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it's just kind of luck big brands like
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disney that have extremely popular ips
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don't have enough time in the day to
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send down take down notices to literally
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everyone infringing on it
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i remember earlier this year there was a
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ton of baby yoda merch uploaded to etsy
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and it was selling like crazy since baby
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yoda was ridiculously popular
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well what ended up happening was that
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some etsy stores
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got slapped by disney but not all of
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them just some of them and
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while it didn't seem fair as to why some
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got slapped and some didn't
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the answer is just simply that disney
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doesn't have enough time to slap them
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all
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which means i know that some of my more
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younger viewers who
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are more interested in making a quick
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buck will try their luck anyway
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well consider yourself warned my friend
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creating unique products is just one out
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of three things that you need to
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consider
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when making great products to sell with
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print on demand and i reveal the other
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two things inside my free ebook the six
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tips that six figure online stores
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followed to make over ten thousand
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dollars a month
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and you'll find a link to download that
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ebook in the video description below
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but anyway back to the video now see
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there is another question that i'm also
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often asked and
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it's kind of the opposite to this dude
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sarah i'm afraid of infringing on
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copyrights how do i search to see if my
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design is infringing on them
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and while there is no way to actually do
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this because of the fact that copyright
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is issued by default legally
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no one needs to register for them by
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registering copyrights it makes the
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process of suing people faster
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but that's it because of that there is
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no way to search for copyrights
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so you can't check but luckily you can
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do something else
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and that is use common sense in my
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opinion
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if you draw a picture from your own
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inspiration or idea
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or you type out a slogan yourself from
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your own creative idea
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the chances of someone somewhere coming
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up with the exact same design or exact
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same picture or exact same word art are
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so
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tensey tiny if it was actually your own
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inspiration
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that made it so you probably don't need
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to overthink it
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it's when you start using characters
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from movies and games and try to take
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advantage of popular recognizable brands
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and characters and look for loopholes to
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do this that you are truly risking
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breaking the law
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and let's be honest we know when we're
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trying to take advantage of a popular
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brand
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use common sense team so did you guess
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right
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if so congratulations you won 10 points
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but if you didn't that's okay because we
[553]
are going to play again
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this time for 10 points now this product
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here was created by redbubble salah
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and it is piggybacking off of a popular
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recognizable picture
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and this seller is making passive income
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and money
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but they're doing it legally and it is
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this here
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why is it legal to print this famous
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painting onto products and sell them
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yourself
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you have five seconds to guess go
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alright time's up drumroll please the
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answer is
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this popular picture has now entered the
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public domain
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see here's the thing if creative works
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like a painting has entered the public
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domain it means that anyone can use it
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for both personal
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and commercial purposes so the thing
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about copyrights
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is if like shakespeare you created your
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creative work such as a play before
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copyrights existed
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then no copyright protections for your
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work exist
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instead it is already part of the public
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domain by default
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in addition even if your creative work
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was created when copyrights existed
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like this painting the garden of death
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then the copyright protections don't
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last forever
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in most countries copyright protections
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only last between 50 to 70 years
[627]
after the original creator has died and
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while the usa
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does have some extra laws courtesy of
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disney trying to protect mickey mouse
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houstonburg who painted the garden of
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death died in 1917.
[638]
that was over a hundred years ago that
[640]
means that the copyright protections on
[641]
this painting have well expired
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and it's now part of the public domain
[645]
so did you guess right
[646]
if so congratulations you won 10 points
[649]
but if you didn't that's okay
[650]
because we are playing a game for 15
[652]
points and this time we're going to be
[653]
going back to my viewers redbubble store
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and looking at another product that is
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legal
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alright here is the product now yes this
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product definitely has copyright
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infringement but
[663]
that's not the only reason why this
[665]
product may be illegal to sell
[666]
there is another reason can you figure
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out what the second reason is
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you have five seconds to guess go
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all right time's up drum roll please the
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answer is
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this infringes on robert lewandowski's
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personality rights
[685]
and i'm also really sorry for you soccer
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or as you say in europe football fans
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out there because
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i am 99 certain that i just butchered
[693]
robert's name
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personality rights are a little known
[697]
law that while my longtime subscribers
[699]
will know about
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most people have never heard about
[701]
before what the law says is that you are
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not allowed to put someone's picture or
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name on a product and sell it without
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their permission
[708]
and of course this makes sense because
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there is a huge amount of goodwill but
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is associated with individual people
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and piggy backing off of it can be
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extremely lucrative now
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i know this because people are regularly
[718]
using my image like this to sell their
[720]
products
[721]
now for people download my videos
[722]
illegally and use them to advertise
[724]
scammy products on tiktok
[726]
well i'll tell you now i have no ads on
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tiktok at
[730]
all they download my videos and edit it
[732]
to make it look like i am endorsing
[733]
their products
[734]
and i have aliexpress suppliers who rip
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my thumbnails and add text to them to
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make it look like i'm recommending their
[740]
products
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while i'll tell you now i endorse no
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products on aliexpress at
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all but you know what it works people
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genuinely get confused and actually
[749]
think i'm endorsing it
[750]
and this is just one of the reasons that
[752]
personality rights laws exist
[754]
but there is a limitation to this law
[756]
though because you see
[757]
unlike copyright law which is
[759]
universally accepted in most countries
[760]
around the world
[761]
personality rights is not each country
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has to make its own laws about this
[766]
although for most of my viewers my bet
[768]
is that your country will have a law in
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place to protect celebrities personality
[772]
rights
[772]
if you just do a quick google search the
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real interesting one though is the usa
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because
[777]
in the usa unlike copyright law which is
[779]
a federal law
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in the usa it's a state law and some
[783]
states don't actually have it
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although frankly i'm willing to bet that
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if robert or his managers would ask
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redbubble to take down these products
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due to his personality rights being
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infringed on they'd probably do it in a
[794]
heartbeat regardless of asking whether
[796]
due to individual state laws telling
[797]
this might be okay
[799]
just like with copyrights this can be
[800]
kind of confusing because so many people
[802]
seem to be breaking this law
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and getting away with it so what's up
[806]
well
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honestly it's pretty simple they just
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haven't been caught yet
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but there is one type of celebrity that
[813]
is way less likely to get upset
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and that is politicians especially
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presidents it's generally considered to
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be beneath politicians
[820]
or anyone in a political position to get
[823]
mad about their image being used on
[824]
products
[825]
even negative ones so it's colloquially
[827]
accepted
[828]
coming up with unique designs can be a
[830]
challenge but using websites for
[831]
research and inspiration can be a big
[833]
help
[834]
it's something i discussed on my print
[835]
on demand course the ecom clubhouse
[837]
if you're interested in seeing if that
[838]
course is right for you i'll have a link
[840]
to it in the video description below
[842]
so did you guess it right if you did
[844]
congratulations you won 15 points
[846]
but if you didn't that's okay because
[848]
there's another chance to win and this
[850]
time we are playing for five points
[852]
can you guess why this is absolutely 100
[855]
illegal to sell you have five seconds to
[857]
guess
[858]
go
[864]
all right time's up drum roll please the
[866]
answer is
[868]
this product infringes on gucci's
[870]
trademark
[871]
i mean think about it gucci literally
[874]
sells their logo on products for
[875]
clothing for hundreds to thousands of
[877]
dollars each
[879]
this is an extremely valuable brand so
[881]
yeah they're gonna be happy
[883]
if you steal their valuable logo and
[885]
sell it on a t-shirt on redbubble
[887]
so company logos such as gucci's logo
[890]
are a little bit different usually they
[893]
aren't protected under copyright law per
[895]
se
[895]
instead what they're protected under is
[897]
trademark law this is a law that
[899]
specifically protects recognizable icons
[901]
designs and checks that you would
[903]
normally associate with a company
[905]
or products and services trademarks must
[907]
be registered
[908]
so if you wanted to sell the gucci logo
[910]
but you somehow
[911]
didn't know that it was protected by
[913]
trademarks you could have come to the
[915]
usa trademark
[916]
search and found out if one had been
[918]
registered of course the reality is is
[920]
that
[920]
almost all company logos have been
[922]
registered so
[923]
if you apply common sense to this there
[926]
is no need to bother doing a search
[928]
something else that's important to keep
[930]
in mind is that as we've established
[932]
if you draw a picture in most countries
[933]
it is immediately protected by copyright
[936]
but trademarks aren't the same you have
[938]
to register them
[939]
in every single country that you want to
[941]
protect them in
[942]
and that's actually what led to a really
[944]
interesting court case with burger king
[946]
in australia
[946]
burger king decided in the 1970s that
[949]
they wanted to open up shop in australia
[951]
there was just one problem a trademark
[953]
for the name burger king had already
[954]
been taken by a takeaway shop in
[956]
adelaide because of this burger king
[959]
ended up acquiring a different local
[960]
fast food chain
[961]
hungry jacks if you go inside these they
[963]
look identical to burger king
[965]
and they have the exact same menu as
[967]
burger king why well because they
[969]
are burger king and because the burger
[971]
king corporation couldn't acquire the
[973]
trademark
[973]
they had to call themselves something
[975]
else in australia however if you are
[977]
selling on redbubble
[978]
since they make and ship all of their
[980]
products out of the usa if whatever you
[982]
are trying to knock off has a trademark
[984]
in the usa
[985]
then my guess is that if they are
[987]
alerted to it they will kick you off
[989]
their website asap
[991]
so did you guess it right if so
[992]
congratulations you won five points
[995]
but if you didn't that's okay because
[996]
there is another chance to win
[998]
and we are now playing for 10 points all
[1000]
right this time around your mission is
[1002]
to figure out
[1003]
what are all of the things wrong with
[1005]
this picture what are
[1007]
all of the reasons that this picture is
[1009]
illegal you have five seconds to guess
[1011]
go
[1017]
alright time's up drumroll please the
[1020]
answer is
[1021]
because it's breaking all the three laws
[1023]
that we have discussed in this video
[1025]
yep i did a reverse image search and i
[1027]
can see that this viewer did not draw
[1029]
this picture themselves
[1030]
but they took it off the internet and i
[1032]
couldn't find any evidence that this
[1034]
picture has a creative commons license
[1035]
on it at
[1036]
all and of course given how famous
[1038]
neymar jr is
[1040]
i'm sure him and his management team and
[1041]
the owners of the club very much intend
[1043]
to protect his personality rights
[1045]
and profit exclusively off of him and
[1047]
his goodwill as much as possible
[1049]
and this picture also features this the
[1051]
logo of the club that he's a part of
[1054]
paris saint-germain which is indeed
[1056]
trademarked because
[1057]
surprise surprise the club enjoys making
[1059]
money by selling its logo on t-shirts
[1061]
itself
[1062]
so how many points did you win let me
[1064]
know in the comment section below and if
[1066]
this video helped you please subscribe
[1067]
and hit that little notification bell so
[1069]
that you don't miss out on any of my
[1070]
videos
[1071]
and if you like some inspiration on how
[1073]
you can create your own unique designs
[1075]
i have a great video that you should
[1076]
watch 10 tips to create t-shirts that
[1078]
sell
[1079]
so go ahead watch my next video and i'll
[1081]
see you over there
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