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DPChallenge Forums >> General Discussion >> CafePress legal question
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 05/18/2004 11:55:50 AM · #1
I'm not a lawyer but it sounds to me like CafePress obtains all rights and etc to any work you decide to upload and sell?

Or is it just within their advertising and or etc?


What is your take on this:

6. Intellectual Property Rights

6.1 CafePress.com Service: CafePress.com will solely and exclusively own all intellectual property and other rights, title and interest in and to the CafePress.com Service, and CafePress.com will have the sole and exclusive right to obtain trademark and copyright registrations, patents and other protection therefor, and you will not acquire any right, title or interest therein, under this Agreement or otherwise.

6.2 Rights to Member Content: You will retain all rights to your Member Content. You hereby grant to CafePress.com a royalty-free, worldwide, nonexclusive, right and license to use your Member Content in connection with the advertising, promotion, production and sale of the Products you choose to sell in accordance with this Agreement. You grant CafePress.com permission to reproduce your Member Content in CafePress.com marketing and advertising, provided CafePress.com credits you as actual owner of the Member Content. CafePress.com will not represent that it owns your Member Content. If you or CafePress.com terminate your account, CafePress.com will cease its use of your Member Content as soon as reasonably practical.

6.3 Product Thumbnails and Other Images created using the CafePress.com Service: You may only use thumbnails and other images created through the CafePress.com Service in your Shop or to promote your Shop or the CafePress.com Service. Any other use of such thumbnails or other images is strictly prohibited unless prior written permission is obtained from CafePress.com.

05/18/2004 12:16:17 PM · #2
It looks as though they only have the rights to use your content for advertising puposes, and even at that they will credit you. I believe the first section (6.1) is not reffering to actual member content, but rather the intellectual property of the CafePress service and website.
 05/18/2004 12:24:53 PM · #3
I have read that in order to make a dime off of sales from Cafe Press your items have to have rather high prices, but to sell those items you have to price them just over the bare minimum, of which most of the money goes to Cafe Press...

I haven't looked to deeply into it myself, before uploaging anything I would research all that I could about the profit you could expect from sales.
 05/18/2004 01:30:02 PM · #4
It is similar to DPCPrints in that they have a base price that they get and then you mark it up to suit your profit needs and etc. If you go higher than $15.00 over the base price then then get another cut of the amount over $15.00.

Quote:
Note: An additional 5% transaction fee will be charged on markup amounts greater than $15. For example, if you markup an item by $20, an additional fee of .25 will be charged (that is 5% of the $5 over the $15 markup limit).

Message edited by author 2004-05-18 13:30:35.
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