newbie question

[donkey]

Hi guys - is it legal just to buy a leather product (or a product that could be made with leather) that I like and take it apart so that I can make my own just like it? - or are some things copyright protected?

Also - then can I turn around and sell my reproduction?

Thanks!

[TwinOaks]

I don't think we've had an attourney weigh in on this, but there IS a long discussion about it under the topic "Copyright Infringement". Worth a read.

Short version: If you make something for yourself, based on the designs of someone else, it's more or less okay....most of the time.

You can NOT take something, copy it, then start selling it as the original, NOR can you copy a product/design and market it as your own.

Example: You could make a Harley Davidson style shield for an inlay on a wallet.

You could NOT make the same inlay, stamp "Harley Davidson" on it and sell it as a HD product.

It's pretty simple, really. Take a step back from the project and ask yourself if there is any way possible that using an idea/product/design could land you in court getting sued by lawyers who wear suits that cost more than your car. If the answer is yes or maybe.....don't do it.

btw, buying something to take apart then reproduce is called "reverse engineering", and is typically frowned upon. Check the EULA on any software license, and in the fine print, reverse engineering is specifically prohibitted.

Now, yes, very similar products do occur, and as long as you can document how you arrived at a design, then you might be okay. But if you go buy a holster, rip it apart to get the piece patterns, then start making them, or you start turning out products and using somebody else's name (which is considered counterfeiting)......lawyer time. Go read the topic on it as it covers way more than I have in this response.

Edited May 24, 2009 by TwinOaks

[donkey]

Wow - thanks for the quick reply Twin. I just read over the other post and it has a lot of useful information.

Just to clarify what I said earlier - I didn't mean using "reverse engineering." It's an extremely simple product, I would do my own design based loosely on the other. My concern was maybe more with patents. The product I'm looking at is very specialized, and I was concered that maybe the idea was protected. Anyway, I'm still a looonngg way from getting anything serious going. I suppose if it comes to fruition I'll have to get legal advice - pooh.

Here's a link to the products I was thinking about making:

http://store.osmun.com/browse.cfm/2,60.html

[KnotHead]

I don't know if you're living in the USA or not but here a good place to start. The US Gov has an online patent search located here http://patft.uspto.gov/ ... Good place to try and find if anyone has a patent on the object you're trying to reproduce.

[Johanna]

I don't think there is anything wrong with buying an item, taking it apart and using the pieces for templates. I've even used the hardware from the bought item, especially if it's unusual or hard to get. Yours isn't going to look the same and you aren't going to try to represent it as someone else's, so don't worry about it.

Johanna

[jbird]

It's called a knock off I think it's like this if you change it just a little you can get away with it for resale for me I like it to be my own design I think people like that.

Josh

[UKRay]

Having looked at the things you are considering re-working I can't see that you would have any problems. Your design won't be exacly the same as the original and the materials you use will doubtless be different. Make up a few prototypes and see how you get on.

Ray