FW: REVISED - Super Bowl Cruise !

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cynk...@earthlink.net

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Jan 21, 2014, 3:50:22 PM1/21/14
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----- Original Message -----
Sent: 1/21/2014 2:14:19 PM
Subject: REVISED - Super Bowl Cruise !

Sixthstar logo
Sixth Star Inc.
January 21, 2014
Dear Face Painters:


Royal Caribbean would like us to book two excellent Face Painters for the Liberty of the Seas Super Bowl Cruise (5 Night Western Caribbean) for the Feb  1-6, 2014 sailing roundtrip from Fort Lauderdale. They would like the Face Painters to do Seattle Seahawks and Denver Bronco themed face paintings that would include the teams logos and or colors. They would like face painters who are very fast and can do the paintings in two minutes or less and would like each Face Painter to provide samples.  Send them to Carol Sussman at ca...@sixthstar.com

 

If you fit the bill and would like this cruise, please email Carol Sussman at ca...@sixthstar.com right away.  Of course, please check on what your flight costs might be before committing to this cruise.

 

Here is the itinerary:

01-Feb     Fort Lauderdale, Florida            4:30 PM        
02-Feb     Cruising                      
03-Feb     Belize City, Belize      9:00 AM      6:00 PM     Tendered    
04-Feb     Cozumel, Mexico      8:00 AM      6:30 PM     Docked    
05-Feb     Cruising                      
06-Feb     Fort Lauderdale, Florida      7:00 AM      

This email was sent to cynk...@earthlink.net by ca...@sixthstar.com |  
Sixth Star Inc. | 21 Northwest 5th Street | Fort Lauderdale | FL | 33301

Arla Albers

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Jan 21, 2014, 3:54:31 PM1/21/14
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Everyone should be aware, however, that doing logos of teams, is violating copyright.   You have to have special permission from the team to do that and they won’t give it.   You can paint a half and half face, but no logos.

 

Arla Albers

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Gary Cole @ the office

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Jan 22, 2014, 10:01:28 AM1/22/14
to gogo...@cox.net, cynk...@earthlink.net, fpba-assn

Not true, read http://www.snazaroo.us/faqcopyright.htm

 

Particularly watch the Disney video that was done by the Stanford law department.

 

It is perfectly legal to paint a team logo. We sell hundreds of thousands of face paint kits each year directly to the professional and college sports markets and it comes with a stencil to specifically paint sports logos. The kits themselves are licensed and contain the appropriate hologram but the person using them over and over is doing exactly what Sixth Star is asking the painter to do.

 

Gary

Arla Albers

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Jan 22, 2014, 10:31:48 AM1/22/14
to Gary Cole @ the office, cynk...@earthlink.net, fpba-assn

Well, that’s very interesting, because I actually, personally,  wrote a sports company to see if I could face paint their logo.  I specifically told them I’d use a stencil, so the designs would be exact and all look alike, and they declined my request to use their logo for face painting.  They told me that sports teams don’t give permission to use their logos as they are copyrighted.  And the reply came from their legal department, as I remember.  It was very convincing that I didn’t want to pursue it…..it wasn’t just an off the cuff auto-reply.

 

Gary, are your licensed stencils for strictly personal use or can they be used to make money with?  Kind of like…..you can buy licensed cake pans, but you can ONLY use them for personal use.  You may not buy a pan like that and make copyrighted characters, etc. and sell the cakes.  That’s a violation of copyright because you are now making money with their copyrighted figure. 

 

Arla

 

 

 

From: Gary Cole @ the office [mailto:gary...@mindspring.com]
Sent: Wednesday, January 22, 2014 10:01 AM
To: gogo...@cox.net; cynk...@earthlink.net; 'fpba-assn'
Subject: RE: [fpba-assn] FW: REVISED - Super Bowl Cruise !

 

Not true, read http://www.snazaroo.us/faqcopyright.htm

 

Particularly watch the Disney video that was done by the Stanford law department.

 

It is perfectly legal to paint a team logo. We sell hundreds of thousands of face paint kits each year directly to the professional and college sports markets and it comes with a stencil to specifically paint sports logos. The kits themselves are licensed and contain the appropriate hologram but the person using them over and over is doing exactly what Sixth Star is asking the painter to do.

 

Gary

 


Sent: Tuesday, January 21, 2014 2:55 PM
To: cynk...@earthlink.net; 'fpba-assn'

Gary Cole @ the office

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Jan 22, 2014, 11:22:51 AM1/22/14
to Arla Albers, cynk...@earthlink.net, fpba-assn

one example of the kit

 

My customer has license agreements with NFL, NBA, NHL, MLB and NCAA. My name is not on the package anywhere except for a safety link. Each kit has the hologram. The stencils are not sold separately and if someone called me up to order one I could not sell it to them. They must buy through the licensee. These are sold by them direct, and through resellers from college book stores to WalMart. Once sold to the consumer they can do anything they want with them (the kit, paint or stencil). They basically bought the right to use that stencil anyway they want. We literally sell hundreds of thousands of these each year. That makes for a lot of stencils floating around. We pantone color match for the team color.

 

Gary

image001.jpg

Arla Albers

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Jan 22, 2014, 11:26:07 AM1/22/14
to gary...@mindspring.com, cynk...@earthlink.net, fpba-assn

Interesting.  I wonder why they won’t let you sell the stencils by themselves.  Good to know otherwise.  Thanks, Gary.

 

Arla

 

From: fpba...@googlegroups.com [mailto:fpba...@googlegroups.com] On Behalf Of Gary Cole @ the office
Sent: Wednesday, January 22, 2014 11:23 AM
To: 'Arla Albers'; cynk...@earthlink.net; 'fpba-assn'
Subject: RE: [fpba-assn] FW: REVISED - Super Bowl Cruise !

 

one example of the kit

 

My customer has license agreements with NFL, NBA, NHL, MLB and NCAA. My name is not on the package anywhere except for a safety link. Each kit has the hologram. The stencils are not sold separately and if someone called me up to order one I could not sell it to them. They must buy through the licensee. These are sold by them direct, and through resellers from college book stores to WalMart. Once sold to the consumer they can do anything they want with them (the kit, paint or stencil). They basically bought the right to use that stencil anyway they want. We literally sell hundreds of thousands of these each year. That makes for a lot of stencils floating around. We pantone color match for the team color.

 

Gary

 

image001.jpg

Gary Cole @ the office

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Jan 22, 2014, 12:03:16 PM1/22/14
to Arla Albers, cynk...@earthlink.net, fpba-assn

I THINK it is all about price point. They know the ideal price point at retail is between $8 and $19.99. You can find these kits on sale for everywhere between $8 and $12 on Amazon. A stencil would sell for $2 to $3 which is too low for their desired price point. THIS IS JUST MY SPECULATION. We do not sell or make licensed stencils unless they either prove they have the rights or they sign a detailed legal waver as we do not wish to get into a legal skirmish (that we would surely lose).  Do a google search for your desired team and “sports paint”  and then click on images and it is sure to pop up. We have done every major sports team and over 400 colleges. I just searched Broncos and it popped as the second image. It is tightly regulated with the hologram.

image001.jpg

Arla Albers

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Jan 22, 2014, 5:49:10 PM1/22/14
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http://www.avvo.com/legal-guides/ugc/can-i-use-nfl-logos-without-permission  

 

My husband found this on the internet……

 

Arla

Val Daft

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Jan 22, 2014, 6:31:28 PM1/22/14
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Hi Arla et al,
I believe that link refers to tangible objects, like mugs and anything else subject to sales tax. That is why if a kid ask you for a Minnie Mouse face freehand at a party nobody will shoot you, but if you post it on your website, display board, or offer themed parties they will complain. In football faces the issues comes in with a stencil. You cannot cut your own stencil and paint outside the grounds. As long as you have a legit place to paint the issue is the stencil. The item you can keep and put in a bag etc. You can use that guys stencils because he has paid for the licence to sell them, and prob paid very good money. They are also size limited so you can't do t-shirts etc with them.

Valerie Daft
www.limelightfaces.com

Robbie Pack

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Jan 22, 2014, 6:37:50 PM1/22/14
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   In my experience, it depends on the team, especially with collegiate teams. A local university did not want any attempts of painting their logo due to their copyrighted shade of their team color, nor a stencil made specifically from their logo for the event, even if they gained possession of it at the end of the event. The event was at their school. I was contacted by them! They wanted anything but their logo. 
   I do wonder if U.S. laws would appy outside of the legal limits from the U. S. shoreline? I get seasick so this specific case is a non-issue for me! : [
Robbie Pack
Fairfield, CT 
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