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Posted

As far as I'm aware you only need to make seven changes to the original design to avoid any opyright issue

So your a copyright attorney then.

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Posted

WOw, since 2010? Here's a thought .. because you were not prosecuted or sued for an action does not mean that your action was legal or priveleged. ONE problem that almost auto arises when you sell or attempt to sell protected material.

If you do it and see no repurcussion, you may incorrectly assume that you "got away with it". May be closer to the truth that the "injured party" has allowed you to earn income from their property. In this way, when it does go to law, they have an arguable AMOUNT of DAMAGES for which they can show injury. May be that you're working for someone else and simply don't know it yet.

For the more country minded -- if you jump the fence and fish my pond, I might just let you fish. If later I get hankerin' for fish, I could just call the game warden. Any fish you caught on my property are mine. Even if I have to wait while those are used as evidence, I still have the fish in the pond and will eventually be recompensed for the fish you obtained illegally.

JLS  "Observation is 9/10 of the law."

IF what you do is something that ANYBODY can do, then don't be surprised when ANYBODY does.

5 leather patterns

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Posted

No I never stated that I was in any way associated with the legal profession and or implied this was to be construed as legal advice .

Take a look at cummins v Vella

You have to distinguish as a designer

If you have crossed the line between merely adopting the style !Concepts and techniques to how much your work matches the original design.

  • 3 months later...
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Posted (edited)

Are there any restrictions regarding printing old pictures, engravings etc? I mean antique stuff. I know there is an international law that books have copryright term and it ranges between 25 to 99 years depending on the country. and after this period is over, anyone can publish the books without authorisation.

Edited by Leatherex
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Posted

Are there any restrictions regarding printing old pictures, engravings etc? I mean antique stuff. I know there is an international law that books have copryright term and it ranges between 25 to 99 years depending on the country. and after this period is over, anyone can publish the books without authorisation.

Judging by your previous post about leather printing, I'd say you should look into Dover Publications. All of their copyright information is described in the books themselves, but they publish MANY collections of "public domain" works, usually with a copyright that says you can use up to 10 of the "plates" in any one product. But, it's something that you MUST look into, regardless of what your source is.

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If I by a Tandy cell phone case, tool it with one of their template designs and sell it, is that ok? If I use that same cell phone case "as" a template, use my own leather that I buy from Tandy can I tool it and sell it with my own carving on it? I guess the question is where is the line drawn. I could cut a peice of leather for a cell phone case of my own design, but there may be someone out there that has already created one and Patented that design. Or I may have drawn something, carved it, and later someone sees what I have created, and sue me. So, basically, I just unknowingly infringed on someones art?. Like I said before, I have seen many things out there selling that are VERY similar that could have been "stolen" or just a coincidence. I am fairly artistic, and have done some cool drawings that I could use for leather. With just starting out I have friends that want to buy some of the stuff I've made for practice peices and I want to be clear on what I can and can't do. Perhaps I should start reading up on the "legalities" of this stuff. One of the wallets I did for my son was a "Jackass insignia, I didn't sell it, but thats what my kid wanted on his wallet. That would be concidered wrong, even tho it wasn't sold? This is only a hobby for me, but if I can sell some of the stuff I do for practice I'd like to, unless it turns into a pain in the a**.
Jay Fisher has done an entire page on his website about copywrite infringement as people have saved photos of his knife blanks from his website and tried to make copies and sell them for less. Any photos from a website wether stated or not are copywrited as soon as the website owner posts them. As far as leather patterns, if the design has been in the public domain, which the majority of sheaths, holsters, and cases of all types have there is no infringment. I had emailed Jay to ask his permission to use his leather sheaths as insperation for my own because i wasnt sure of what if any the ramifications could be if i just made one. His reply was that his retention methods and even the styles of his sheaths have been in the public domain for years and normally that type of stuff isnt patented or copywrited. As was stated before there is only so many ways to make a boat, and if the design has been around in the public domain then your not copying someone elses design your just using an exsisting pattern. You could make your own cell phone case by measuring and cutting, stitching or lacing but it would more than likely match someones somewhere, it doesn't mean you copied theirs. If you have the time go to Jay Fisher's website( just google him) and read his copywright page.
  • 8 months later...
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Posted

What about something like if i carved a red sox logo onto leather ? I could have it personal use , but couldnt use that logo on a leather project and sell it???

Posted

What about something like if i carved a red sox logo onto leather ? I could have it personal use , but couldnt use that logo on a leather project and sell it???

What about something like if i carved a red sox logo onto leather ? I could have it personal use , but couldnt use that logo on a leather project and sell it???

Without permission you can not sell an item made with a protected sports logo. Some are copyrighted some are trademarked but you need permission to sell it. write and ask they may say yes or they may say no or they may say yes but you owe us X% of every sale. I do logo protection for a company and they allow sales of items that meet our requirements with their logo as long as an agreement is signed and the money is paid on a per unit basis.

Its different with each company so the key is to ask.

Michael

The key to immortality is first living a life worth remembering.

Bruce Lee

  • 3 months later...
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Posted

This is old topic looks like, but, I do have a question if someone can reply. I see many leather stamps with the logo of a company on them. If you buy these stamps can you put the stamp on a piece you sell. I see these stamps made by Craftool all the time. I used to do poured ceramics, several molds were from a company that sold characters from a big company that had theme parks were used in many places.

thanks for any help.

Posted

Owning the tool does not grant you a right to use the trademark. It also does not stop most people. Legally you need permission from the trademark holder to use a trademark on an item you sell. That being said, chances are you will not get a letter from their legal department unless you get really well known.

You decide.

The key to immortality is first living a life worth remembering.

Bruce Lee

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