In the past week, about 2 dozen resellers had our ebay auctions pulled by
Stampin Up for reselling their products. We are considering a class-action
suit to recover lost monies, of course. And of course, we're unhappy about
it.
--------If you have been affected by Stampin' Up's action to remove auctions
on ebay, Yahoo or other internet auction sites, and have had your own
Stampin Up auctions removed, please email me for information on joining the
class-action lawsuit. (remove the nospam filter from my email address
first)----------
A main development is that Stampin Up products will soon have $0 value if
Stampin' Up continues to work to make it impossible to resell their
products. I won't touch them right now, neither will the other affected
ebay sellers, and the word will gradually spread. (and yes, Im helping it
to do so, in support of our affected group of auction users.) Until
Stampin' Up reconsiders, or the class-action suit progresses and is settled,
Stampin Up stamps will decrease in collectible value and worth.
As avid stampers, you may have an interest in collecting, trading or
reselling your stamps as well as crafting with them. Do you have thoughts
about Stampin' Up's actions, one way or the other? Do you use internet
auctions to sell your used stamps you're done with?
You may also voice your opinions and concerns to 1-800 STAMP UP or to
refe...@stampinup.com
Mary
Close To My Heart Consultant
www.stampinhappens.com
~~~~~~~~~~~
Loved it once, gonna do it again!
Euromed (Poland/Adeli Suit) bound - 2001!
--
Christi
Stampin' Up! Demonstrator
Art Without Anxiety
www.ArtWithoutAnxiety.com
>^,,^< >^,,^< >^,,^< >^,,^<
"MBryt1" <mbr...@aol.com> wrote in message
news:20010515094939...@ng-md1.aol.com...
and Christi wrote:
>In a nutshell, copyright laws
As I understand copyright law, it protects the owner of intellectual
property. Only trademark laws protect the name of a company or the actual
property itself.
I've checked into it further with ebay, and Stampin Up had forced the
removal of the items on the basis of copyright infringement, claiming that
the resellers had no right to use Stampin' Up's name on the products!!
Since these were Stampin' Up products that the Stampin' Up name was used in
reference to, the class action lawsuit will be taking that into account. Of
course you can call it a Tonka truck if it IS a Tonka truck.
With the volume of products on ebay and Yahoo, Stampin' Up hasn't been able
to keep up with removing all of them, and we're hoping they have also been
re-thinking their policies lately with increased consumer and reseller
pressure. Also, the items they've recently forced the removal of, have
seemed to be mostly RETIRED stamps.
Till this is settled, Stampin' Up is forcing their products to have NO
collectible or resell value. If you can't resell them or collect them, the
only recourse is to trash em when you're done............
Thanks for everyone's input.
Here's what we've been getting back from Stampin' Up.
d...@stampinup.com
""We have received your email requesting clarification of Stampin' Up!®'s
guidelines as they relate to Internet participation. Because customers of
Stampin' Up!® have not signed an agreement with the company, they are not
under the same contractual obligations as demonstrators. Therefore, we
cannot prohibit customers from selling merchandise, discontinued or current,
on Internet auction sites, or in any other forum. However, customers may not
reproduce the image, and that includes scanning the image for any purpose or
reproducing the image for sale. This is an infringement of copyright laws,
and is strictly prohibited.
(bs snipped)
Sincerely,
Demonstrator Services
Stampin' Up!®
"
---In other words, you can resell the products, but you can't post or
display their images. Now, this brings me to this question...if you are
using Stampin' Up's image from THEIR brochures and packaging, then those
images would be copyrighted. But what if YOU take the photos or scan the
image? Isn't that then YOUR image??
demi
No. Copyright protection also covers the *reproduction* of images for
which the owner claims copyright. Stamping (and scanning, videotaping,
photocopying, photographing, storing on a CD, etc. etc. etc.) are
considered reproduction. While you generally won't get in trouble for
any of these things unless you're selling or redistributing the images,
"I didn't make any money off it" is not considered adequate legal
defense in a case of copyright infringement.
That's why the whole "angel company" thing is so important in the
stamping world - many stamp manufacturers prohibit you from selling
works made with their stamps, and they are within their rights to do so.
Angel companies *voluntarily* give up some of those rights to permit
those who buy their stamps to sell items made with images they stamp.
Generally speaking, copyright applies unless the holder voluntarily (and
in writing) gives up some or all of their rights.
--Pat Kight
kig...@peak.org
Ah, ok. That explains it. They're saying their -product- IS the image!
That they own the rubberstamp image (which is in effect, the rubberstamp
itself.) So if Stampin Up never loses legal right of ownership to their
rubberstamps/images, you really can't resell them.
Well, even if you could or couldn't collect from a class action suit on the
grounds that Stampin Up pushes copyright law citation well over the bounds
of legality in this instance, it doesn't change the end game. Whether they
are right or wrong in their application of copyright law, under both
circumstances it really does make their products worth $0.
d
There is a providion in the United States Code that permits fair use of
a products name and likeness for the purpose of selling that item. The
law is 17USC11(c). You can read about it at this site:
http://www.cmcnyls.edu/public/USLAWS/17USC113.HTM
This is the same law that permits you to say that you have a Ford Taurus
for sale, and to publish a photograph of your car. The same for your
Panasonic microwave, Sony television, collection of National Geographic
magazines and your Stampin' Up stamp.
From what I'm reading here, Stampin' Up is pulling it over you because
you are not aware of your rights.
--Chris McEwen
Northwestern Stamps
nos...@nwstamps.com
http://www.megalaw.com/top/copyright/17usc113.php3
This is what the particular section reads:
"c) In the case of a work lawfully reproduced in useful articles that
have been offered for sale or other distribution to the public,
copyright does not include any right to prevent the making,
distribution, or display of pictures or photographs of such articles in
connection with advertisements or commentaries related to the
distribution or display of such articles, or in connection with news
reports. "
--Chris McEwen
Northwestern Stamps
nos...@nwstamps.com
stampin up stamps are useless not only in collecting or reselling them but
in what you make becomes just as useless..
its a real shame that they have to be so greedy..... they are cutting their
noses
off to spite their face so to speak.....
I believe they will become extinct in next few years unless they change
their angel
policies.. I know I have stopped buying from them all together , nice images
but
not worth my money.
DJ :)
"Deb C" <debcs...@hot.rr.com> wrote in message
news:04mM6.64557$hu.12...@typhoon.austin.rr.com...
The original message posed a question for me - do people collect rubber stamps
for a hobby (and I don't mean people like me, who buy a cool stamp then never
quite get around to using it!) I mean, do people collect stamps like they
collect beanie babies, just to have the whole set? Personally I don't think of
a stamp as having monetary value once I buy it, and it surprised me to think
that someone thinks of them that way.
Marion
SU! (name of set or stamp)
This way, you're not using their name; which is what is bringing attention
to the ads.
Or, offer them on a newsgroup..like here. :-D You'll have to be creative
(hey, you're a rubberstamper, you already are!) but you CAN make the money
back!
If that doesn't work, try GOTO, Honesty.com; see if items are listed there.
Good luck!
Linda
But, I certainly understand that people have the right to
do so, within the confines of the law.
May I suggest if anyone would like further information,
go to www.stampinup.com or call Stampin' Up! at
800-STAMP-Up
--
Christi
Stampin' Up! Demonstrator
Art Without Anxiety
www.ArtWithoutAnxiety.com
>^,,^< >^,,^< >^,,^< >^,,^<
"demimondaine" <demimo...@nospam.hotmail.com> wrote in message
news:wIgM6.5886$Az.6...@newsread2.prod.itd.earthlink.net...
"Christi Conley" <Wicke...@worldnet.att.net> wrote in message
news:K7yM6.26118$t12.1...@bgtnsc05-news.ops.worldnet.att.net...
There is not a specific area on the Stampin' Up!
website to address this issue.
--
Christi
Stampin' Up! Demonstrator
Art Without Anxiety
www.ArtWithoutAnxiety.com
>^,,^< >^,,^< >^,,^< >^,,^<
"Julie Welsh" <jul...@wi.rr.com> wrote in message
news:aPDM6.25775$27.39...@typhoon.kc.rr.com...
> The original message posed a question for me - do people collect rubber stamps
> for a hobby (and I don't mean people like me, who buy a cool stamp then never
> quite get around to using it!) I mean, do people collect stamps like they
> collect beanie babies, just to have the whole set? Personally I don't think of
> a stamp as having monetary value once I buy it, and it surprised me to think
> that someone thinks of them that way.
Since I consider my stamps as art supplies - like my paintbrushes, glue
gun, XActo knife, etc. - it's never occurred to me to look at them as
collectibles. But evidently there are plenty of people who do. This
probably explains something else I've had trouble grasping: Why so many
people seem to worry about keeping their stamps in pristine condition. I
keep the rubber surface clean so it'll print clearly, but my mounts are
a real mess of inkstains and blotches. It makes sense, though, to be
more fastidious if your end goal is either collecting or selling the
stamps.
*shrug* It takes all kinds!
--Pat Kight
kig...@peak.org
--
Debbie Carrasco
Sweet Celebrations Team Leader
Copperas Cove, TX
http://www.sweetcelebrations.8m.com
I am a former Stampin'Up! demonstrator, and they sure CAN pull items from eBay
- their images are under strict copyright, not loose as other companies - they
are the FARTHEST thing from an angel company and you cannot sell products made
with their stamps OR legally re-sell new OR used stamps. For those of you out
there who have seen a TAC catalog and an SU! catalog, you can see that the set
ideas are much more than similar - I'm surprised SU! hasn't tried to sue TAC!
Demonstrators cannot legally purchase popular sets to have on-hand for
customers, nor can they purchase any other merchandise unless it is sold to a
customer at a workshop or catalog show.
SU! has many wonderful stamps and the prices are incredible compared to others,
but this comes at a high price - no money making and no reselling.
If you have an doubts, ask a demonstrator to share SU!'s copyright policy -
printed in every catalog.
Now if only I could get mellow moss card stock elsewhere...
--Chris McEwen
Northwestern Stamps
nos...@nwstamps.com
"Stacie" <ocea...@yahoo.com> wrote in message
news:3B0416EB...@yahoo.com...
Stacie,
I'm not sure how long it's been since you left SU, but I just wanted to
clarify that demonstrators are NOT allowed to post sets for sale on our
private message board. Any post which even hints at exchanging sets for
cash is removed. We are, however, allowed to trade for different sets or
accessory products. If demonstrators choose to sell their old sets outside
of the message board forum, that's up to them. However, if it is a current
set, they would be in violation of the demonstrator contract.
I agree that SU has one of the strictest policies regarding their images.
But I love the styles and the prices, and I make my money sharing the joy of
this artform.
Regards,
Kathy Luevane
Stampin' Up! Senior Demonstrator
> I agree that SU has one of the strictest policies regarding their images.
> But I love the styles and the prices, and I make my money sharing the joy
of
> this artform.
>
> Regards,
> Kathy Luevane
> Stampin' Up! Senior Demonstrator
>
There's some related information in the thread "Stampin Up recants.
Victory!" Pursuant to enough customer complaints, Stampin Up has revised
their policies as of only this week (5/16 to be exact) to be more in line
with actual copyright laws. (Companies can't give themselves more
copyrights than Federal laws provide for, as much as they sometimes would
like to) Its a major change and Stampin Up has officially released their
new policy which is reprinted by permission in that thread.
Im sure that if SU demonstrators fought for their right to sell their own
items in the same fashion, (since SU demonstrators don't have less rights to
sell items they own than all the other US citizens do) they'd win in the
same fashion. Of course, SU may not let you be a demonstrator if you insist
on selling your own property, but that sounds like a civil suit brewing to
me.
I think they didn't have a legal leg to stand on, and that's why they fell
over.
Reprinted by permission, SU's official release of their revision of
policies, issued this week:
"Stampin' Up!® has in the past placed restrictions on the resale of Stampin'
Up! manufactured products on eBay auctions using the Stampin' Up! trademarks
and copyrighted images. Considerable response was received as a result of
Stampin' Up!'s most recent requests for termination of such infringing
auctions. While the company maintains that it has the full legal right to
request termination of auctions which infringe upon its trademarks and
copyrights, it is aware of the substantial secondary market for Stampin' Up!
products and the benefit that can inure to Stampin' Up! independent
demonstrators, customers, and the stamping industry-at-large when such
products are allowed to be resold. Stampin' Up!®'s principal concern has
been to protect its copyrights and trademarks, and in no event to attempt to
control or manipulate the secondary market. The company has decided that it
will no longer request termination of eBay auctions of stamps and stamp
sets,
with the exception of (1) scanned or photographed images from the Stampin'
Up! copyrighted catalog, and other copyrighted publications; and (2) any
card, craft, or display which utilizes Stampin' Up!'s copyrighted images
created by Stampin' Up! manufactured stamps. We regret any difficulty that
our prior policy has created for anyone and request careful compliance with
this change. If you have any questions, please feel free to contact
us. Sincerely, Stampin' Up!® "
I'm in the UK and our laws are slightly different but I believe that Stampin
Up are some form of multi level marketing/direct sales? Over here we have a
Direct Sales Agency which governs MLM companies and strictly enforces it's
policies, one of which is the total ban on distributors advertising any item
for sale in a commercial enviroment. If I were a member of say Amway I
could be thrown out for openly advertising a tub of their washing powder or
by making my own website with the items for order. The chances are that
there are similar rules in place to protect US MLM agents. From what I have
found over the web whilst looking for info on MLM companies there is a very
fine dividing line between them and pyramid schemes, which are illegal in
both countries.
Whilst I see no problem in selling used stamps, I do believe that they are
correct in not allowing agents to offer new merchandise through Ebay. I'll
be honest if I were a distributer, playing by the rules and suddenly found
that my customers were buying online I'd be fairly miffed. The worry could
always be that if the online market developed too far what would happen to
the home demos?
Sue
i can't speak for others, but for me, i'm glad there's a place i can go to sell
a set i have no use for / interest in. (like a hostess set or incentive set
that isn't my 'style' or a duplicate set.) by the same token, there are
hostess sets / incentive sets i know i don't qualify for, yet do have an
interest in, but can't purchase...
just my opinion...
bekke in nj
"nobody who can read is ever successful at cleaning out the attic" (or
basement) - franklin p jones
--Chris McEwen
Northwestern Stamps
nos...@nwstamps.com
I do agree with company policy that demonstrators should not be selling
current merchandise online. Home demos offer so many opportunities for
learning and sharing and we don't want to lose that. How many of you can
say that you learned NOTHING at the last stamp demo you went to. I am a
pretty advanced stamper and I always learn something when I attend a
workshop done by another demonstrator (even if it is something small like
how they store their glitter, etc...)
inkLaura
sue k <s...@keaates53.freeserve.co.uk> wrote in message
news:9e53ev$sia$1...@newsg3.svr.pol.co.uk...
>
<snipped to save space...>
--
Sharon (this e-mail address is skm...@kc.rr.com - I have "oz" inserted to
keep out spammers)
----
Remove oz to reply
================
Happy Stamping!
Kathy
"S. K. Mehl" <skme...@kc.rr.com> wrote in message
news:K%TO6.12012$4x5.1...@typhoon.kc.rr.com...
--
Sharon (this e-mail address is skm...@kc.rr.com - I have "oz" inserted to
keep out spammers)
----
Remove oz to reply
================
"Kathy Luevane" <kath...@home.com> wrote in message
news:HamP6.54019$p33.1...@news1.sttls1.wa.home.com...
--
Sharon (this e-mail address is skm...@kc.rr.com - I have "oz" inserted to
keep out spammers)
----
Remove oz to reply
================
"nmyslik" <nmy...@execpc.com> wrote in message
news:3b10fca9$0$42883$272e...@news.execpc.com...
I was a Stampin' Up! demonstrator (this is my last quarter of
representing them). I had hoped to sell my used or retired stamps
online in order to have more money to buy more of their product
(sensible, right)? I get sick of a set afterwhile and want to get rid
of it in order to get a new one.
Unfortunately, as you have read from all the previous postings, we can
now only sell discontinued / retired sets online. Pretty useless if
you ask me since you can't scan or post a picture of the product. I
understand SU's concerns with copyright infringment, but how am I
supposed to show the condition of any of the USED retired stamps, if I
can't scan them. On top of that, how are people supposed to know what
the set looks like; most people do not have several years of catalogs
in stock at their house to reference.
Due to the above frustrations, I decided to leave SU. I think if they
initiated a further analysis of the decision model formed, they would
see that the probability of receiving greater income from allowing
customers / demonstrators resell their used goods for purchase of new
ones would greatly exceed any potential losses from scanning product
to post on eBay.
I am tired of all the games. Anyone know of any angel companies that
they would like to post for reference?
My 2 Cents,
Tiffany
Tiffany Salls
www.tiffany-salls.com
In that article, I gave a link to a law website that had the US code
which specifically restricts copyright protection in the instance of a
product being exhibited for sale. This is to say that you can photograph
your stamps and post the picture when selling the stamps.
Do a search for past articles in this thread for the link to the subject
website if you are interested. In the meantime, I understand that SU has
removed the restriction of portraying their stamps for the purpose of
resale. You might want to check with them.
--Chris McEwen
Northwestern Stamps
nos...@nwstamps.com
Our founder is former SU, therefore she based some ideas on the good stuff
from SU, and added some more greatness!
Email me at: ksp...@yahoo.com for more info. It's a great company, and now
is a great time to join! We've been around for a few years, and are coming
out with a great new catalog in a month, after our seminar.
Christina
~*~*~*~*~*The Queen~*~*~*~*~*~*
"Tiffany Salls" <no.spam...@tiffany-salls.com> wrote in message
news:3b408aad...@news.mminternet.com...
: I was a Stampin' Up! demonstrator (this is my last quarter of
: representing them).
: Due to the above frustrations, I decided to leave SU. I think if they
debbie
Rio Grande Traders
We offer mounted and unmounted stamps, giving the customer much more
flexibility, and have a wonderful selection of accessory products, as well. We
don't have the flashy catalog that SU has, but have SO much to offer!
The percentage you make is 40% on stamps and an average of 25% on accessories.
And, you can also earn commission on the stamp sales of one level of downlines
(I actually LIKE only having one level and the bigger discount...that means I
control what I make, not wait for someone else to do it for me!)
Anyhow, you can visit my website at: www.stampwarmfuzzies.freeservers.com to
see most of the catalog on-line and also get a better idea of what we have to
offer. Then, if you'd like more detailed information or have questions you'd
like to ask, I'd be happy to help!
Stamping hugs!
Lynn
No, that is not true. Stampin' Up! gives their demonstrators
a product discount, as well as a percentage of sales, depending
on total sales.
Good thing there is enough room for all types of stamps, stampers,
and enough choice to make almost everyone happy : )
--
Christi
Stampin' Up! Supervisor
Art Without Anxiety
www.ArtWithoutAnxiety.com
>^,,^< >^,,^< >^,,^< >^,,^<
"Angiesctmh" <angie...@home.com> wrote in message
news:yj737.16784$Y6.51...@news1.rdc2.pa.home.com...
now they have to buy it in small quantities just like all the rest of their
customers..
and .. they dont get that much in a discount.. 20%?
that's like barely the tax and shipping on the order total!!
stampin up is still making nearly full profit on their demo's!!
that is just plain wrong!! IMHO
its better to be the hostess than the demo these days!
DJ