Intellectual property,T shirt etiquette & philosophy ( I think )
Hi Folks, as you are aware I am new here, & would like to start off on the right foot. I am trying to understand what would be regarded as bad manners, when it comes to design's that are similar to, or almost identical to ( in the written word ) other people's work, in the industry.
Firstly, let me say that I have not been scanning other peoples work for ideas. I have however seen many design's, they could be hanging in a shop window from when I was on holiday years ago, or, I could have one hanging in my closet. Some of these designs are bound to be remembered even if it was years before, & could influence your art, or even joke, later on.
So if a situation happens politically that is ridiculous, & I think of a typically up the anti remark to print on a shirt, what happens if someone across the other side of the world, has the exact same sarcastic comment to make ? Is it a case of a duell at dawn, or are we to be content with the fact that, if no one else like our shirt, at least we will be able to sell each other one
You can't copyright a phrase or an idea. So even if your design has the same subject matter as someone else, as long you're not actively trying to copy someone else's design, you should be fine.
I think you need to strive to be original. Like you said yourself, you think of the typical anti remark and want to print it. I don't mean this as a personal attack but I think we could use less of the typical, don't you? And I make it a rule to try and see if someone is already doing a shirt even if I have thought it up independently. I'm sorry, but everyone knows that ignorance is no excuse. If you don't know the speed limit it doesn't give you the right to drive as fast as you want. I check in Google and I check hard. It is tough these days because Cafe Press makes it so easy to put up a t-shirt, that a lot of times ideas that I came up with in the shower are already for sale somewhere else. I won't put up a shirt if it's the same slogan, or too similar to something that's already being done. I like to think that people will extend the same courtesy back to me, and if they see a shirt I designed, they won't rip it off.
__________________ I am not a woman. I am a man. It's just a nickname. Honest.
I know this idea has been floating around the boards for a couple of days now, but unfortunately the other thread was closed before I had a chance to ask… So, could anyone please point me to their source of information that phrase was somehow specifically excluded from being a subject of copyright laws? The impression that I’m getting from reading my books is quite different and this subject interests me a lot. Thanks
I know this idea has been floating around the boards for a couple of days now, but unfortunately the other thread was closed before I had a chance to ask… So, could anyone please point me to their source of information that phrase was somehow specifically excluded from being a subject of copyright laws? The impression that I’m getting from reading my books is quite different and this subject interests me a lot. Thanks
The copyright website has information on it. Check out the Frequently Asked Questions pages: Copyright Office Basics
Thank you, Rodney, I appreciate it. Phrases indeed are there, in the list of items that supposedly do not fall under copyright protection, mentioned once, but "short" phrases and that should open up the field for the interpretations and hence mean an entirely new game. After all, the shortest novel is only 9 or 10 words long, if I’m not mistaken. Slogans are also there… I am wondering now what if the short phrases or slogans come from a much larger copyrighted body of work, such as a movie or a book? Are they a fair game for the poachers? "Vote for Perdo!" then! Or "Run, Forrest, run!"…
Thank you, Rodney, I appreciate it. Phrases indeed are there, in the list of items that supposedly do not fall under copyright protection, mentioned once, but "short" phrases and that should open up the field for the interpretations and hence mean an entirely new game. After all, the shortest novel is only 9 or 10 words long, if I’m not mistaken. Slogans are also there… I am wondering now what if the short phrases or slogans come from a much larger copyrighted body of work, such as a movie or a book? Are they a fair game for the poachers? "Vote for Perdo!" then! Or "Run, Forrest, run!"…
Sounds like questions for copyright lawyers
I try not to read too much into it and take it at face value. Everyone might have a different interpretation of it, but it seems pretty clear that slogans and phrases aren't protected by copyright. Even trademarks have been rejected for being "just" a slogan or phrase.
The way I understand it is that trademarks are to protect "brands" (slogans can also be brands) and copyrights are meant to protect "works" like drawings, t-shirt designs, music, etc.
I think the only way to get more specific "official" answers would be to talk to an intellectual property rights attorney.
Just searching for my ways around this… Maybe I ought to write some real crappy (and short) novel with all my catchphrases and slogans in it. Like two total nuts shouting senselessly those at each other. And afterwards to shoot a movie based on it…
So, could anyone please point me to their source of information that phrase was somehow specifically excluded from being a subject of copyright laws?
It's not specifically excluded: it wasn't included in the coverage in the first place. There are other protections or legal games to make it problematic, they're just not necessarily covered by copyright.
That said, that doesn't mean it never comes in to play. You might be sued for copyright infringement if the phrase you are using only has value because it alludes to a larger (copyrighted) work for example.
*shrug* It's complicated. Hence the billions and billions of dollars caught up in IP law
As someone who makes a living through a creative endeavor, I take it as a point of pride that I don't use someone else's work. I wouldn't want someone taking a portion of my design and putting it on their t-shirt and selling it. And frankly, I don't see the difference between someone doing that, and someone taking a line that someone wrote in a movie or on tv, and using it for a t-shirt slogan. I mean, somebody created that line, and somebody owns it. It's protected by The Golden Rule; do onto others as you would have them do onto you. I don't want people stealing my work, so I won't steal the work of other people. I'm sorry in advance if I come off as preachy. I make no claim to be morally superior to anyone. Judge not lest ye be judged. Judged and found wanting.
__________________ I am not a woman. I am a man. It's just a nickname. Honest.
WOW, looks like I opened up minefield !, I suppose "being new" & not wanting to rip anybody off, I came up with the idea that, If I do not look, I cannot copy, & therefore all works by me, are a product of my own un-influenced, creation, & cannot be view as copied. How naive of me ! As you say ingnorance is no excuse, I have loads
I suppose "being new" & not wanting to rip anybody off, I came up with the idea that, If I do not look, I cannot copy, & therefore all works by me, are a product of my own un-influenced, creation, & cannot be view as copied.
Technically you are correct. If you do not look and cannot copy, they are your own original creation.
But that doesn't really matter if you look at it from the customer's perspective. If someone is shopping for a t-shirt and they see a similar design in 3 different places, they are probably going to assume that 2 of them are rip-offs.
Some of your customers won't care - they will just want to find the best "version" of the design at the best price. Others will think you lack artistic integrity.
I suppose if you do happen to make something similar to what is already out there, you could just explain in your FAQ or About Us page that all of your designs are your original creations and hope that they believe you.
This is a discussion about Intellectual property,T shirt etiquette & philosophy ( I think ) that was posted in the General T-Shirt Selling Discussion section of the forums.
Intellectual property,T shirt etiquette & philosophy ( I think ) 
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Re: Intellectual property,T shirt etiquette & philosophy ( I think ) 
I am not a woman. I am a man. It's just a nickname. Honest.
