masterchop

Hi all,

I wold really appreciate some help on copyrights. I have read the other posts already but the whole subject seems to be a little "random".

I am strongely considering launching a t's business but need to validate that what i am looking to do would be ok.

For an example:

i understand that if i used the coca cola logo i may be infringing on copyright.

If i was to make a T saying "NIKE just do it" it could infringe.

Now if i were to for an example take a screenshot from a mario game or say for example take a picture from a magazine of mario would that be copyrighted? Could i print that on a T?

How can i actually protect myself from doing something wrong without being aware?

Any help would be really appreciated.


Regards.

 

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AustinJeff

Quote: Originally Posted by masterchop I wold really appreciate some help on copyrights. I have read the other posts already but the whole subject seems to be a little "random".

It can be pretty complicated. And lots of people like to pretend that the law is something other than what it really is.

Also, it's important to understand the difference between copyrights and trademarks. (Run your cursor over those words for a definition.)

Basically, if someone creates something, they own it. Altering an image or using a second-hand reproduction does not affect the legal protection. If it is recognizable, it is probably a violation.

There are some exceptions. For example, short phrases generally aren't subject to copyright. However, they CAN be trademarked. "Just do it" is a good example.

There are exceptions for parody. But the current state of the law is not at all clear about what constitutes parody.

And yes, people get away with copyright and trademark violations all the time. It would be pretty easy to find a few hundred thousand examples with one google search. That doesn't make it legal. People lose their businesses, homes and life savings all the time. Some even go to prison.

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Illegal T-shirts

 

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masterchop

Austinjeff,

Cheers, Its pretty much what I thought to be honest.

I'm guessing that if I am fairly sensible about things I should be ok.

I was looking to start things off with ebay and then maybe look at my own online shop should it be a success. I guess ebay would soon warn me if i was doing anything i shouldnt.

Maybe i'll learn by mistakes!

Thanks for your advise on this.

 

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Solmu

Quote: Originally Posted by masterchop How can i actually protect myself from doing something wrong without being aware?

Simple: stick to creating your own original designs, don't copy.

Quote: Originally Posted by masterchop I guess ebay would soon warn me if i was doing anything i shouldnt

Sure. Or the affected member of their Vero program anyway. The certified letter asking you to fork over any stock you have and pay $X in damages will normally make it pretty clear you were doing something you shouldn't have.

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Ceci n'est pas une autographe.

 

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masterchop

Solmu,


I was hoping for advise and not scaremongering like your reply.

I'm not intending on copying!

 

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karlking85

That's good, I would definitely not suggest using anything with a character as recognizable as Mario. That would definitely get you in trouble. Besides, creating your own designs is more fun than using others anyways.

I wish you luck.

 

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AustinJeff

Quote: Originally Posted by masterchop I was hoping for advise and not scaremongering like your reply

Chop,

He really wasn't scaremongering. Counting on eBay to let you know when you crossed the line is a very bad idea, because by the time eBay starts caring, it is often too late.

Sometimes you will get a cease and desist letter. But there is no guarantee. You might get a demand letter, as Solmu indicated. Or the Department of Homeland Security might show up at your door and arrest you. No joke. This really does happen. It's not common, but it happens.

The only good advice you are going to get here is don't ever do anything that might have a remote chance of being a violation. There are gray areas, but if you want advice on those, the only sane choice is to seek it from a lawyer, not from some anonymous T-shirt makers.

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Solmu

Quote: Originally Posted by masterchop I was hoping for advise and not scaremongering like your reply.

Sometimes it's one and the same.

We could just offer posters what they want to hear instead of the truth, but if that's all we did it wouldn't be very good advice.

Quote: Originally Posted by masterchop I'm not intending on copying!

A strange turn of questions then.

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nativegraphics

As someone who has prosecuted a party who decided to infrindge on my copyrighted designs I can tell you that the law states It Cannot Resemble the Original meaning even if u change the color, content, etc it Does Not matter and is a violation of the copyright law. There is actually a new section in the copyright office that now allows someone holding a copyright to file an infraction with the copyright office. The penalities are much harsher now, there have been more new federal agents who are just assigned to this detail ... and believe me they do watch ebay. Large corporations have their own people hired to just look for copyrighted and Trademark violations.

 

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masterchop

Ok thanks all for your advise.

Solmu: I meant that i wasnt about to copy outright! but meant more about the use of certain associated images.

Thanks to all anyway. Gives me more of an understanding.

 

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