What is the law regarding copyright infringement?

I started a company where I purchase vintage patches from antique stores or ebay which I then sew onto hats. They are one of a kind designs. Does this infringe on a companies branding? The one of a

kind vintage patch in my possession, may I silkscreen onto T-shirts, etc.?

Asked on October 30, 2017 under Business Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Sewing a physical patch you purchased onto a hat or other item of clothing does not violated copyright: you are allowed to resell, including attached to another item something you own, even if it has copyright material on it. However, reproducing or recreating copyrighted material is a violation of copyright, because you have no right to copy, reproduce, modify, etc. someone else's copyrighted content. Stick to reselling, in way or another, the physical patches themselves.


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