If I’m interested in starting my own small business making small beaded sculptures as a part-time job, how can I obtain the information and equipment I need in a such a way as to avoid violating user agreements?

The vast majority of websites I visit offer relevant information but require that is is not used for any commercial purposes whatsoever.

Asked on September 28, 2015 under Business Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can't violate user agreements legally such are contracts, and can be enforced against you. You also cannot violate other people's intellectual property e.g. trademarks and copyright, such as in patters. You have to purchase materials or equipment which you can use for such commercial use buy or license patterns which allow reproduction for commercial sale and/or create your own patterns and tools. If you shop around and speak directly to suppliers, manufacturers, etc., you will undoubtedly be able to find supplies, patterns, and tools which you can use for your purpose, but will also undoubtedly have to pay more than if you were buying same for non-commercial use. As stated, the alternative is to create your own.
As an aspiring professional artist, you need to either be wiiling/able to pay what it costs for the supplies, etc. you need--and if your business model doesn't support those expenses, it is a flawed model--or else, as an artist, be creative and come up with your own patterns and techniques. The good news, once you create something new, you can protect it from other people copying or reproducing it.
As a general matter, restrictions on subsequent commercial use, whether in contracts or in intellectual property, are legal and enforceable.


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