copyright infringement?

[chuckrock44]

Here are some good examples of copyright infringement. I'm pretty sure that selling large quantities of these belt will get me into some kind of trouble?

[Northmount]

Here are some good examples of copyright infringement. I'm pretty sure that selling large quantities of these belt will get me into some kind of trouble?

Company names and logos are trademarks and are normally registered by the owner. There are interesting cases like Apple and Apple Corp. Apple had to license the use of Apple Corp's logo that they use.

Copyright is different than registered trademarks. But you can get in trouble for misappropriation of either.

Tom

[NVLeatherWorx]

And that trouble can come from the sale of ANY amount of a product that infringes upon the intellectual property of another without their permission; even one single item sale fits this violation.

[kiwican]

I can tell you that in my neck of the woods, that being Canada. stuff like this is always looked at as counterfeit, rather than copy right infringement. That makes it a Police issue and not a civil problem. The Police here have whole teams of folks raiding counterfeit operations. everything from batteries (yup) software, designer gear to Tee shirts

[25b]

Here are some good examples of copyright infringement. I'm pretty sure that selling large quantities of these belt will get me into some kind of trouble?

Like nvleatherworx said, sale of any amount of those (even one) can get you a cease and decist letter from the companies' legal department. They are required to take action to defend their copyright, trademarks, whatever...because if they don't, then they basically are giving up their claim to it, if that makes sense.

So...if anyone sends any of those companies a link to this thread, you could be contacted by them about it.

To me, it's not worth it so I don't make stuff like that.

Edited January 9, 2016 by 25b

[NVLeatherWorx]

And, as 25b has said, to protect myself from having to face any additional interruptions in service to my clients (as if there aren't enough already) I too do not accept any orders for anything that incorporates the legal logo, trademark, image, or any reference to any organization or entity that is commonly known to the public (NASCAR, NFL, MLB, Disney, Marvel, etc.) or known to be a legally registered company that has any obvious IP elements attached to them.

It isn't worth my having to sit in Court and defend myself, knowing full well that I will lose, just to make that neat wallet with the Incredible Hulk's fist or that cute little journal cover for a client's daughter who wants the characters from Frozen (or anything else along that line). They have gone through the trouble of creating it, designing the concept, marketing the identity, and everything else that goes with it, let them keep it.

[grimmlin]

I will admit that the things I'm working on, my very first projects, are very closely modeled after pictures I found online. I'm basically copying someone else's work (or trying to)...because having pictures to go by is helpful for me and I absolutely love the design and its simple enough for me to learn on. That being said, I would never try to sell something like that or claim I designed it even if I get comments on it. I would tell people I made it, but name the maker of the piece I've modeled it after. For all I know the designer is part of this forum even though this isn't where I found the pictures I'm using. I don't feel guilty about this, maybe I should, because I'm making it for me and my own use. Once I have my footing I'll be designing my own stuff.

[25b]

Ok, that's different...unless they have (or hace filed for) an actual PATENT on the design, there's really not any way they could go after you if you sold a similar item.

Anyway, as with all things on the Internet, it's best to check with an IP attorney as they can explain what we've tried to explain in this thread in more accurate legal terms...there are patents, trademarks, copyrights, etc. and each are very, very different things and have various rules on what exactly is protected with each.

There are people "around" that will try (wrongly) to say it's "illegal" to sell a copy of someone else's design of an item. In my research, I've found that whatever "design" is not protected if 1) they didn't apply for a patent and 2) they released that design "into the wild" by selling the item, posting pics on the Internet, etc. without having filed for patent protection.

But like I said, don't take my word for it...consult with an IP attorney...they'll tell you...

Edited January 19, 2016 by 25b

[catstamp]

I think this may be the correct place for this discussion.

I had fun making a field note cover for a friend of mine and posted it on facebook leather workers group and shortly incurred a comment that I shouldn’t lay claim to my work, design version because it was listed as a pattern for sale and copyrighted over a year ago. I am new to leather work, started about 6 months ago. I purchased some field note blanks and started laying out a pattern I thought my friend would use and enjoy. I didn’t go looking for examples past the Leathercraft Library and the Field Notes page. I posted when I was finished and then got slammed by a member of one of the forums. I have since gone to the internet and found the hundreds of examples of similar work. What have I done wrong?

[tboyce]

The only way I could see of getting around the use of a Harley insignia on a piece custom leather work would be to have the customer buy the item in question, supply it to you, and ask you to incorporate it into your leather work. You aren't getting any money for the Harley item, you aren't getting any markup in any way.

Harley could sue you of course. In America, you can sue anyone for just about anything. It's highly probable, though, that you could get that lawsuit thrown out.