Can I sell a foreign digital product as my own physical product?
April 30, 2021 | 45,00 EUR | answered by Rechtsanwältin Jasmi Jasmin Pesla
Can I sell a foreign digital product as my own physical product?
I have purchased a digital print template for craft kits online and would like to print it on appropriate paper and sell it as a physical craft kit. In the user information, it states that the transfer of the digital template to third parties is prohibited, but the sale of physical complete sculptures at paper fairs, etc. is allowed. Is commercial distribution in an online shop now allowed? Attached is the user information in the original language.
Additionally, a Chinese producer has offered me the exact same craft kits as a physical set for sale.
Dear inquirer,
You are not allowed to convert the digital print template into a non-digital version and then distribute it. It is assumed that the digital print template is protected as such. Therefore, you may not modify it or convert it into other (non-digital) forms. I must urgently advise you not to do this. Otherwise, legal action may be taken against you. Furthermore, the behavior of a Chinese provider should not serve as an example for you: While it is possible that they have the authorization, it is questionable. In case of doubt, you would have to prove your authorization.
Best regards,
Attorney Pesla
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