Can I get in trouble regarding copyright infringement for sellling recycled items?

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Can I get in trouble regarding copyright infringement for sellling recycled items?

I have a small home based business and sell some items made from beer bottles. I never use any brand names or item names when I sell these items online, just as a recycled bottle whatever. Can I get in any trouble from the different breweries for doing this with their used bottles?

Asked on April 15, 2012 under Business Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No, you should be fine. Copyright law protects against someone reproducing or distributing some original creative work (graphic, song, computer software, video, picture, movie, writing, etc.), but doesn not affect the right to sell physical objects. Trademark, which might also be relevant, bars using someone else's design, graphic, logo, etc. to pass your products off as theirs. Neither copyright nor trademark law bars reselling physical objects you have previously purchased or otherwise acquired, so long as you do not imply some relationship with the manufacturer which does not in fact exist.


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