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[Another] Copyright Question (UK-centric)



 
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Old March 6th, 2009 Mar 6, 2009 8:34:42 AM -   #1 (permalink)
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Default [Another] Copyright Question (UK-centric)

Hi! I know this has been covered a lot here but I’ve been searching and I’m still not clear on copyright laws in the UK.

I’ve finally started creating some of my own designs and selling them on eBay. Trouble is, although I’m shifting a few, my low feedback score & Seller Ratings means my listings aren’t coming up highly enough in searches, and my sales are still relatively low. I was thinking of selling some t-shirts with images of TV characters/musicians etc. to boost my scores (and give me some more experience working with eBay while I’m at it).

I’ve been looking at a few stores on eBay and found a several that are doing a similar sort of thing and don’t appear to be breaking any laws. One uses this disclaimer in their listings:

“Please note that the images on all our T-shirts are unique pieces of original artwork. Therefore this listing does not infringe any copyright under English law.”

Their designs appear to simply have been lifted from Google and modified using the Threshold tool on Photoshop (or something similar), and they sell a lot of t-shirts featuring song lyrics. Does this qualify as a “original artwork”?

Like I said, I’m sorry if this has been answered before, but I don’t really want to get in any hot water for the sake of a few feedback points.

Thanks in advance!
 
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Old March 6th, 2009 Mar 6, 2009 11:01:53 AM -   #2 (permalink)
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Default Re: [Another] Copyright Question (UK-centric)

Quote:
Originally Posted by mike_m_uk
Hi! I know this has been covered a lot here but I’ve been searching and I’m still not clear on copyright laws in the UK.
Copyright laws in the UK are substantially similar to those of other countries, such as the US. The biggest difference is in the requirements needed for a lawsuit; the US has far more barriers to litigation in place than the rest of the world.

Thanks to the Berne Convention though, most countries have roughly similar copyright laws.

Quote:
Originally Posted by mike_m_uk
I’ve been looking at a few stores on eBay and found a several that are doing a similar sort of thing and don’t appear to be breaking any laws.
eBay is a giant flea market. It's full of all kinds of things that are illegal. It's definitely not a good way to verify the legality of something.

Quote:
Originally Posted by mike_m_uk
Their designs appear to simply have been lifted from Google and modified using the Threshold tool on Photoshop (or something similar), and they sell a lot of t-shirts featuring song lyrics. Does this qualify as a “original artwork”?
No.
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Old March 6th, 2009 Mar 6, 2009 11:22:14 AM -   #3 (permalink)
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Default Re: [Another] Copyright Question (UK-centric)

The fact that you're asking this says you know what the score is.
btw This post might be produced in evidence against you. Malice aforethought.
Are your designs so bad that you need to rip-off TV characters.
Be ironic - that iconic picture of Obama - create one of Gordon Brown.
Quotes - 'neoclassical endogenous growth theory', still one of my faves.

...and if those are successful, don't whinge if someone rips it off.
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Old March 6th, 2009 Mar 6, 2009 11:51:32 AM -   #4 (permalink)
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Default Re: [Another] Copyright Question (UK-centric)

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Originally Posted by PositiveDave
Be ironic - that iconic picture of Obama - create one of Gordon Brown.
Would this fly in the UK? In the US it's protected by the First Amendment. Australia just barely has its equivalent, and I don't really know how far it would protect you. I have no idea about the UK in this specifically.
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Old March 6th, 2009 Mar 6, 2009 12:16:31 PM -   #5 (permalink)
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Default Re: [Another] Copyright Question (UK-centric)

Well Gordon's a bit too busy to sue at the moment and the guy who modified the photo of Obama is claiming that modification of previously copyrighted material is fine...plus it's funny.
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Old March 6th, 2009 Mar 6, 2009 12:29:49 PM -   #6 (permalink)
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Default Re: [Another] Copyright Question (UK-centric)

Quote:
Originally Posted by PositiveDave
The fact that you're asking this says you know what the score is.
btw This post might be produced in evidence against you. Malice aforethought.
Are your designs so bad that you need to rip-off TV characters.
Be ironic - that iconic picture of Obama - create one of Gordon Brown.
Quotes - 'neoclassical endogenous growth theory', still one of my faves.

...and if those are successful, don't whinge if someone rips it off.
Surely the fact that I'm asking this shows that I don't really know what the score is, but cheers for the reply.

My designs aren't bad and I don't want to rip anybody off, just boost my visibility and people's confidence in my products.

I like your GB idea but don't really understand how using the image of Gordon Brown with a quote would be any less illegal than using an image of a TV character with a quote? Wouldn't the likenesses of politicians and other famous figures (footballers for example) still be protected?
 
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Old March 6th, 2009 Mar 6, 2009 12:31:54 PM -   #7 (permalink)
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Default Re: [Another] Copyright Question (UK-centric)

Quote:
Originally Posted by PositiveDave
Well Gordon's a bit too busy to sue at the moment and the guy who modified the photo of Obama is claiming that modification of previously copyrighted material is fine...plus it's funny.
In other words, you have absolutely no idea either.
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Old March 6th, 2009 Mar 6, 2009 12:33:24 PM -   #8 (permalink)
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Default Re: [Another] Copyright Question (UK-centric)

Quote:
Originally Posted by mike_m_uk
I like your GB idea but don't really understand how using the image of Gordon Brown with a quote would be any less illegal than using an image of a TV character with a quote? Wouldn't the likenesses of politicians and other famous figures (footballers for example) still be protected?
In the US freedom of speech and political discourse trumps right to publicity, so no, their likeness isn't protected (but copyright still applies).

In the UK, you'd need to look into it.
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