(no subject)

[sageandsea]

I've got questions to ask, questions to answer...oh, and some actual work to do! Yay for busy days, even the kind where I'm stuck inside and its already 70!

First, though: I was thinking about selling some things on CafePress, but this just scares me right out of that:

6.1 CafePress.com will solely and exclusively own all intellectual property and other rights, title and interest in and to the CafePress.com Service, and CafePress.com will have the sole and exclusive right to obtain trademark and copyright registrations, patents and other protection therefor, and you will not acquire any right, title or interest therein, under this Agreement or otherwise. 6.2 You hereby grant to CafePress.com a royalty-free, worldwide, nonexclusive, right and license to use the trademarks, trade names, designs, logos and other images that you upload to your image basket in connection with your use of the CafePress.com Service ("Party Marks"). If you or CafePress.com terminate your account, CafePress.com will cease its use of the Party Marks within 90 days of the termination.

Um, no, My Stuff is My Stuff, and I'm using CafePress to sell MY STUFF. Not to give you right and license to it. Is this normal?

EDIT: Thanks to two_star and cissa (also known as The Copyright Queen) for setting me straight. Maybe I will use CafePress after all, eventually!

Comments

[two-star.livejournal.com]

I think it's a fairly reasonable cover their asses clause. Otherwise they would have no right to use your pictures on their site at all. (So, no putting up a picture of a t-shirt with your design on it, because you could sue them for doing that.)

I suppose there's nothing wrong with wanting to to buy a t-shirt without the maker putting a picture of it on a web page, but that's not what cafepress does. If it bothers you that much, don't use cafepress.

[sage-and-sea.livejournal.com]

Ok, that makes more sense. I just don't know enough about selling (outside of eBay) to know what's good and what isn't. I trust y'all more than I trust the strangers who made that site.

[cissa.livejournal.com]

Basically, they're saying that they're not giving you any right to their own tech in 6.1.

In 6.2, they're saying that they have the right to reproduce your images (which they need in order to make mugs etc. and to display the art on their site so you can seel 'em), and they don't pay you a royalty for that. You sell the stuff for a markup that includes your take. They do NOT have the right to use your stuff for anything not related to your account. That's actually pretty damn fair of them! It's not the usual thing. (I could go on about the contract that the NYTimes made freelancers sign that in short gave the NYT infinite rights to all their past and future work without need for compensation, but I'll refrain.)

The 90 days thing is so they can be sure they have the time to fulfill orders that are pending even if you pull out.

It actually sounds quite decent. I've been thinking about doing it myself...

My opinion, of course! :) Be sure to post if you do it; I'd love to see your stuff!

[sage-and-sea.livejournal.com]

Thank you, I was hoping y'all would know if this was good or not. I trust you more than the people at this site.

[cissa.livejournal.com]

Mousie also posted about it, and re-reading it I did see a warning. I posted there about it. In short, the language is a bit unclear. I'm pretty confident that what they MEAN is what I said, but it could be read differently.

Still, it's not nearly as bad as many of the pro contracts of late, which inclines me to think that it's OK.

Hugs!