T-Shirt Forums

T-Shirt Forums (https://www.t-shirtforums.com/)
-   General T-Shirt Selling Discussion (https://www.t-shirtforums.com/general-t-shirt-selling-discussion/)
-   -   T Shirt Design Copyright Info (https://www.t-shirtforums.com/general-t-shirt-selling-discussion/t310.html)

oziumjinx June 13th, 2005 10:53 AM

T Shirt Design Copyright Info
 
Can someone point me in the right direction regarding copyrighted artwork, how t shirts can be secured as copyrighted material, and any other information one should know before venturing into this business.

I've been seeing a large number of "Speaker City" t shirts and Im wondering if this is copyrighted, or freeley available to make as many copies as one desires.

Also, if a t shirt site doesnt explicity state that their artwork is copyrighted, who's to stop the guy next door from copying their art and selling their own shirts with that art?

Do you need to copyright each shirt design? What is the typical timeframe for getting a copyright for your art, etc?

All help is appreciated. First time posting, and looking forward to more discussion.

-=Vince

Rodney June 13th, 2005 01:34 PM

Re: T Shirt Design Copyright Info
 
Hi Vince,

I'm not a lawyer, and you would probably get better information talking to an intellectual property rights attorney, but...

The main source for finding out copyright information would be the US Copyright office:
http://www.copyright.gov/

They have a lot of main copyright questions answered in their FAQ:
http://www.copyright.gov/help/faq/

All artwork is copyrighted at the time it is created. Registering a copyright usually only helps you to prove that you created the artwork first in case you want to go after another party for infringement (in which case you would need to hire a lawyer to prosecute the offenders).

In the Speaker City situation would probably fall under a "trademark". If there is a business that has the "Speaker City" name trademarked, they would have the most recourse in going after people using their name in t-shirt designs.

Unless you can prove you have the original copyright for a design, it can be come difficult to prove which design came first.

This part of the copyright site explains what can and can't be copyrighted:
http://www.copyright.gov/circs/circ1.html#wwp

I believe the cost to register a copyright is around $20 for each work.

I've read that some people put all of their designs in a book format and copyright the whole book as one work.

If you are really worried, you may want to copyright each design separately.

The real test is how well your registration will hold up in a court of law in the event someone has stolen your copyrighted design. I don't know of any cases where this has been tested.

Some slogan based designs can and are trademarked. If your design is more slogan/text based, you may want to look into registering a trademark instead. Keep in mind that not all t-shirt slogans can be trademarked, as trademarked are usually reserved to protect "brands" rather than protecting a "slogan". If you can prove your slogan is your brand, I think you may have a better chance at securing a trademark.

Quote:

Also, if a t shirt site doesnt explicity state that their artwork is copyrighted, who's to stop the guy next door from copying their art and selling their own shirts with that art
All work is copyrighted at the time it is created. Registering the copyright only helps to prove that you originated the artwork first, but it doesn't necessarily stop someone from using your design.

That's where lawyers and courts come in. Whether you have an official copyright, trademark, or whatever, if someone steals your design, you'll most likely need to hire an intellectual property rights attorney to protect your rights.

So if you have the money to hire an attorney to go after people who have stolen your design, then you probably have the money to hire an attorney to handle the copyright/trademark registration process.

I've gone through the trademark registration process and it can be an expensive and looong journey.

In some cases, it can be well worth the investment, but for small t-shirt companies just starting out, I've found that most are just fine by focusing their energies on creating unique designs and marketing those designs to the best of their abilities. After it takes off or starts to head in that direction, that's when I see most t-shirt companies start to protect certain designs or their overall brand. That way they aren't spending money on trying to protect something that may never sell well or even need protecting :)

But if you're a big corporation and/or you have the money for it and have confidence in your design and brand, why not go ahead and go through the steps beforehand to protect your design? I'm sure that's how companies like No Fear and Vulcom did it.

Even larger companies like "threadless" don't seem to have an official trademark registered (although American Apparel *does* have an official trademark).

Sorry for the rambling post. I hope this helps :) I plan to write an article about this in the upcoming weeks that's a bit more concise.

silverbolt September 19th, 2005 07:13 PM

Re: T Shirt Design Copyright Info
 
I read somewhere on this board ( I think) if you change an image a number ??? of times, it becomes a new work of art. What is that magic number and can someone elaborate on the specifics a bit.

thanks,
Silverbolt

aokusman September 19th, 2005 07:58 PM

Re: T Shirt Design Copyright Info
 
You can have all your designs in a book, then copyright the book.

8POINT5BRAND September 19th, 2005 08:20 PM

Re: T Shirt Design Copyright Info
 
I heard it was 7 things. change 7 things about an image and its yours. i also heard yo can put all your images in an envelope and ,mail it to yourself, and keep the envelope sealed. dont know how true it is so dont quote me on that. i have Tm's on all of my stuff and it took me 15 months to get it. i dont know about copyrights its probably the same. its costly $$$ for each, you can go straight to the goverment and it will be cheeper than getting it done through a lawyer.

Solmu September 19th, 2005 10:14 PM

Re: T Shirt Design Copyright Info
 
Quote:

Originally Posted by 8POINT5BRAND
I heard it was 7 things. change 7 things about an image and its yours.

No. No no no no no no NO. There is no magic number. Even the smallest part of an original work being included in your own work can void your copyright and put you in legal trouble. It totally depends on the work involved, it's on a case by case basis, and there is no magic formula.

Adapting other people's work is simply a bad idea (unless you have written permission, in which case go for it). You are best off creating your own work, or hiring someone else to create it for you (under contract).

It would be easier to take other people's work, and it would be cheaper not to have to pay a lawyer to protect you. But life isn't easy or cheap. This is definitely "talk to your lawyer" territory if you're dealing with any kind of grey area.

Quote:

Originally Posted by 8POINT5BRAND
i also heard yo can put all your images in an envelope and ,mail it to yourself, and keep the envelope sealed. dont know how true it is so dont quote me on that.

I finally got around to doing a bit of reading on this topic.

Basically Rodney is right - this offers you no legal protection.

Some surprisingly authoritive sources will sometimes recommend it as an economical solution, but it's not really worth the risk. Basically the reason it's not accepted is because it's too easy to forge.

The easiest way to do this would be to send an unsealed envelope to yourself, then later put something in it and seal it up. Courts are not stupid, they've already thought of this. Consequently they're unlikely to give this method much credence. From what I'm told it has never successfully been used in a court to prove ownership (though I know a lot of people who'd be curious to hear otherwise if you know an actual court case in which it worked).




aokusman September 19th, 2005 10:20 PM

Re: T Shirt Design Copyright Info
 
It all depends how you feel. If you feel that your design is so good that people will want to copy it, then get it protected. Its all up to you. Copyright is much cheaper than trademarks.

8POINT5BRAND September 19th, 2005 10:20 PM

Re: T Shirt Design Copyright Info
 
yeah you hear alot of urban myths on the subject.

Logo-Mechanix September 20th, 2005 04:49 AM

Re: T Shirt Design Copyright Info
 
A good way to copyright your work is after it is created print it out and mail it to yourself but do not open it when you get the mail back. I do this with my custom art, although I have never had anybody try to rip me off (that I know of). This is a cheaper way since a stamp is alot less than than an actual copyright and should work as far as proving you created it first.

John

Solmu September 20th, 2005 05:50 AM

Re: T Shirt Design Copyright Info
 
Quote:

Originally Posted by Logo-Mechanix
A good way to copyright your work is...

No it's not, as I said in this thread three posts ago. I previously thought it might work, and I was wrong.

If you want more info on the topic read this.

A good way to copyright your work is to register it with an official copyright office (e.g. Library of Congress, National Library of Australia, etc.). Alternatively, document your work heavily and hope you can prove you own the copyright. Poor man's copyright, however, is a myth.

Do you need to register your copyright? Maybe, maybe not. That's up to you. But mailing it to yourself is unlikely to help. If you do insist on doing it, I'd at least suggest doing it properly - get the work signed, dated and witnessed and send it registered mail.




SefacHotRodder September 24th, 2005 02:45 PM

Re: T Shirt Design Copyright Info
 
http://www.snopes.com/legal/postmark.asp

jdr8271 September 24th, 2005 02:54 PM

Re: T Shirt Design Copyright Info
 
The poor mans copyright can help if you are suing someone.

The only way to stop someone in their tracks if they are using your art is to have it registered with the US copyright office. Most people are not willing to get into trouble with the US copright office, but really wont care about your poor mans copyright.

aokusman September 24th, 2005 04:52 PM

Re: T Shirt Design Copyright Info
 
Who needs s poor mans copyright when it just cost $30?

jdr8271 September 24th, 2005 05:20 PM

Re: T Shirt Design Copyright Info
 
well, if you sell 50 designs that could get expensive...

MarkSD September 24th, 2005 05:31 PM

Re: T Shirt Design Copyright Info
 
Quote:

Originally Posted by jdr8271
well, if you sell 50 designs that could get expensive...

You could submit something similar to what a photographer does, a photo contact sheet. Gang as many as you can onto one sheet of paper.

Mark in SD

indigo September 25th, 2005 04:30 AM

Re: T Shirt Design Copyright Info
 
Ask your lawyer if he's able to notarize your design documents and store them in the same way as will's etc.

This may work out cheaper as an ongoing arrangement.

As to a magic number of changes - there is none. If there is substantive similarity between your design and someone else's (made previously), then you could be guilty of "passing off".

Stuart

aokusman September 26th, 2005 01:23 AM

Re: T Shirt Design Copyright Info
 
Put all your designs in one book, copyright the book. There.

sbtees05 October 6th, 2005 03:35 PM

Re: T Shirt Design Copyright Info
 
I heard that if you do eight backflips, then change one aspect of the image slightly, then its legal. Don't quote me, it's just what I heard.

tea shert November 3rd, 2005 12:55 AM

Re: T Shirt Design Copyright Info
 
Quote:

Originally Posted by Logo-Mechanix
A good way to copyright your work is after it is created print it out and mail it to yourself but do not open it when you get the mail back.


NOPE. that is a "myth", the poor mans copywrite has no weight if you ever need to use it in court:

Quote:

Originally Posted by ******
Question: I hear that the poor man's copyright provides enough protection. Can't I just use the poor man's copyright? Can't I just send myself a copy of my work and the postmark will be enough to prove the copyright?

Answer: No! - and there are two main reasons why the poor man's copyright isn't worth the cost of the stamps:

The poor man's copyright has no legal effect. There are no cases in which the poor man's copyright has been successful! The poor man's copyright has no legal standing anywhere! Any knowledgeable lawyer can show you itís easy to fake!

Many of the benefits of registration are not available with the poor man's copyright.

You must copyright your work to collect royalties! Without registration within three months of publication, you canít collect any damages or attorneys' fees for infringements that occur before registration or in that three-month period. You can lose a ton of money while trying to enforce your rights unless you register your copyright before the infringement occurs! You can collect statutory damages without any proof of financial harm -- it makes the case much easier to win!

The only rational way to protect your work is to register your copyright it!


Solmu November 3rd, 2005 02:29 AM

Re: T Shirt Design Copyright Info
 
Quote:

Originally Posted by tea shert
NOPE. that is a "myth", the poor mans copywrite has no weight if you ever need to use it in court:

This was already covered in this very thread over a month ago, at least three times - no need to resurrect the thread.

(but yes, you are right)




wazzu123 November 8th, 2005 06:39 AM

Re: T Shirt Design Copyright Info
 
Here's an article that discusses 10 copyright "myths" that not only deal with the issue of artwork and slogans, but other issues that might be of interest to the members of this forum as well.

Just a big FYI

BangBangT-Shirts July 2nd, 2006 04:27 AM

Re: T Shirt Design Copyright Info
 
What about designs that people submit to t-shirt websites but which do not get used? Can the original designer go to another t-shirt website and submit it or does it belong to the website who originally had it submitted to them?

Solmu July 2nd, 2006 05:28 AM

Re: T Shirt Design Copyright Info
 
Quote:

Originally Posted by BangBangT-Shirts
What about designs that people submit to t-shirt websites but which do not get used?

The copyright remains with the original author, however...

Quote:

Originally Posted by BangBangT-Shirts
Can the original designer go to another t-shirt website and submit it or does it belong to the website who originally had it submitted to them?

...they often can't be resubmitted (or published) elsewhere because the site (e.g. Threadless) contends that they have an exclusive option to print your shirt, and that you agreed to this via submitting. I've heard of many people asking Threadless to release their design and not having any problems, but in theory they could refuse. I doubt their exclusive "rights" would stand up in court if challenged, but you'd want to talk to a lawyer about that :)




ShirtHappens July 2nd, 2006 10:41 AM

Re: T Shirt Design Copyright Info
 
If you need some more copyright info you should really try and get the "How To Print T-Shirts For Fun And Profit". From what I remember copyright is established once a piece of art is created. If you pay someone to make you a design the on check or payment details write "Work For Hire". If you are just buying a design you see somewhere and you like it then you have to sign a transfer of art ownership (i htink thats what its called). But if you want to sue I htink you have to register you image or design, and i think you can not even sue if you have no register.....hope that could help ill go reread that part of the book if you need anymore help, my memory is a little hazzy havent read that section with complete understanding just kind of skimmed through that artwork ownership part.

SlogoMogul September 3rd, 2006 05:06 PM

Re: T Shirt Design Copyright Info
 
In some cases, it can be well worth the investment, but for small t-shirt companies just starting out, I've found that most are just fine by focusing their energies on creating unique designs and marketing those designs to the best of their abilities. After it takes off or starts to head in that direction, that's when I see most t-shirt companies start to protect certain designs or their overall brand. That way they aren't spending money on trying to protect something that may never sell well or even need protecting :)


Rodney makes an EXCELLENT point. I am an example of someone who wasted a lot of $$$ trademarking when I should have been using the money for important things. Until your sales are brisk and you are sure that you have a SUCCESSFUL design, spending money on trademarks is a GAMBLE at best. A copyright seems like a better option for start-up companies if you feel you MUST protect your work. :rolleyes:

aokusman September 3rd, 2006 10:30 PM

Re: T Shirt Design Copyright Info
 
To protect or not to protect is a matter of choice. Do you think what you have is worth protecting or not. Its all up tp you to make that decision.

Swing Easy September 4th, 2006 11:29 AM

Re: T Shirt Design Copyright Info
 
If you are going to have one design that you push on different products, and you really feel you can build a business on it, then just register the copyright already. AT LEAST do that. Trademarking one design or logo that you use over and over may be smart, depending on how good it is and how much you are going to market it.

If you, like me, are a trained artist and crank out a lot of designs all the time, I'd do what has already been said in this thread, MAKE A BOOK of your designs and register it with a copyright office as one work. I can't imagine ever tradmarking every design...I'd never make a cent. For this reason I actually like it when people order an illustration or something and I sell it to them outright. I then have no worries about protecting it at all...it's their problem.

I'm still up in the air about doing a registered trademark for my company name and logo, but I am absolutely going do a copyrighted book of my first T-shirt design series. It costs so little, it's a no-brainer for me.

As for "slogan" or "joke" text based T-shirts, I have no clue.

Swing Easy September 4th, 2006 11:39 AM

Re: T Shirt Design Copyright Info
 
Quote:

Originally Posted by indigo
Ask your lawyer if he's able to notarize your design documents and store them in the same way as will's etc.

has anyone else heard of this? Would this work? My lawyer/tax advisor is also a notary, so if this kind of thing really holds up in court, it could be great....

Comin'OutSwingin September 4th, 2006 11:46 AM

Re: T Shirt Design Copyright Info
 
The only way to even bring a lawsuit is to have a registered copyright, which means it is the only thing that will stand up in court. NOTHING ELSE.

This is from the FAQ section of the U.S. Copyright Office website:

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”

T-BOT September 4th, 2006 11:57 AM

Re: T Shirt Design Copyright Info
 
One good thing about keeping all your Legal Schmeagel stuff at your Lawyers office is that ..... It's Free Storage. :) lol

better there than at your Art Studio.

DL September 4th, 2006 11:41 PM

Re: T Shirt Design Copyright Info
 
Quote:

Originally Posted by Solmu
No. No no no no no no NO. There is no magic number. Even the smallest part of an original work being included in your own work can void your copyright and put you in legal trouble. It totally depends on the work involved, it's on a case by case basis, and there is no magic formula.

Adapting other people's work is simply a bad idea (unless you have written permission, in which case go for it). You are best off creating your own work, or hiring someone else to create it for you (under contract).

It would be easier to take other people's work, and it would be cheaper not to have to pay a lawyer to protect you. But life isn't easy or cheap. This is definitely "talk to your lawyer" territory if you're dealing with any kind of grey area.

Quick question, would taking an image and re-drawing it count as a copy-right violation? I know you're not an lawyer or expert, but where would you think this situation falls under?

Thanks

DL

Twinge September 5th, 2006 06:53 AM

Re: T Shirt Design Copyright Info
 
Quote:

Originally Posted by DL
Quick question, would taking an image and re-drawing it count as a copy-right violation? I know you're not an lawyer or expert, but where would you think this situation falls under?

Most likely, yes. Any time you are basing your work directly off another work, you are running the risk of infringing on the copyright.

Swing Easy September 5th, 2006 02:11 PM

Re: T Shirt Design Copyright Info
 
Quote:

Originally Posted by DL
would taking an image and re-drawing it count as a copy-right violation?

Please, just...please don't do this. Please.

T-BOT September 5th, 2006 02:23 PM

Re: T Shirt Design Copyright Info
 
Quote:

Originally Posted by Swing Easy
Please, just...please don't do this. Please.

no kiddin'. :D

why would any artist want to copy another artists work ?

Artists don't do that, they are usually into their stuff to much to begin with. Even when a producer asks them to make a minor little change to their art they throw a fit. :) lol

Ross B September 5th, 2006 06:13 PM

Re: T Shirt Design Copyright Info
 
Ahem - while fully understanding and supporting the notion of copyright, let's not get too self-righteous here about starting with one idea to get to another. Andy Warhol, folks, Andy Warhol. The Campbell's soup can? etc...

NO art exists in a vacuum (and I include all modes in that...literature, music etc). All art is allusive. And in that sense, no art is entirely "original".

If you see a piece of art that inspires your own new piece of art, and you create that new piece by hand, or from scratch with software, no one would question that it is original and copyright protected. Yet, if you import the inspirational source art into a graphics software program, and modify it to turn it into exactly the same piece of art as that you did from scratch, it is breaching copyright? Go figure!

In fact, in the example above, the only difference between the production from scratch of your own piece of art that is considered original and copyright-protected and the identical piece that is created from initially importing the inspirational source art into your graphics program (and is therefore a breach of copyright) is the production mode! Unless it can be proven that your production mode was via importing the inspirational source art into a graphic program, there is no breach of copyright provable by law. I've discussed this with a solicitor friend, and they agreed with my logic. Again, they made the point that copyright breaches are rarely black and white in a legal context. That is, there is NO simple answer legally to a lot of these copyright queries that keep popping up.

The main point here would seem to be the extent to which your new piece of art differs from its inspirational source. If the source is clearly recognisable and your new piece is simply a slightly modified version with no or little new artistic vision underlying it, it is a ripoff and you are a thief. If you have brought you own vision to the piece and created a genuinely different work that lives and breathes its own artistic identity, the means of production should be irrelevant in my opinion, though legally it might not be. I am not advocating breaking the law here - I am merely expressing a personal perspective from a philosphical vantage point. I would be interested in a well-thought-out challenge to my logic, though.

A further note: CRAFT is not copyrightable legally. And surely, production mode comes under the category of craft, not art. The point that needs to be considered here is whether the final product is only allusive of the original source, rather than a barely concealed ripoff of it.

Solmu September 6th, 2006 12:49 AM

Re: T Shirt Design Copyright Info
 
Quote:

Originally Posted by DL
would taking an image and re-drawing it count as a copy-right violation?

As others have said, it probably would.

The best (i.e. safest and easiest) way is to take your own source photos, use copyright free source material, or pay for the rights to an image from a stock photo agency / clipart collection etc. (sometimes they're quite cheap).




Ross B September 6th, 2006 03:15 AM

Re: T Shirt Design Copyright Info
 
Quote:

Originally Posted by Solmu
As others have said, it probably would.

No one here who is not a copyright lawyer can assess the probability, and even a lawyer cannot do so with any confidence without direct knowledge of the case in question. If you copy the source image into graphics software then make your modifications from there, it may infringe copyright. And it may not. You may be ripping off another artist to the point of legal liability even if you create your new piece from scratch. And you may not.

Whatever the mode of production, the main issue is whether your new piece departs sufficiently from the inspirational source to be considered a new artistic work in its own right. Complex stuff, with a combination of factors involved. Take advice on a forum - well-meaning as it no doubt is - with a grain of salt. Copyright queries are often only legally assessible on a case-by-case basis.

One thing is sure: if you are a creative artist worth anything at all, you'll have your own ideas (inevitably with other artists as a reference point) and will create your art yourself. I'm no drawer, but I have some good (I think) image ideas that I initially create using photographs, as Solmu suggests, then mess around with and manipulate in PhotoShop and/or Illustrator. I'm not on top of either software program at the moment, but I do know that my "art" cannot be challenged as belonging to someone else. Personally, as is evident from my previous post, I do not necessarily accept the general truism that modifying another work using graphics software is a breach of copyright - no need to re-explain my position here. However, I find it quicker to set up a photograph and go from there, and if you're working from your own image idea no one can challenge you as ripping anyone else off.

You know if your stuff is genuinely yours or not; if you're so short on your own ideas that you find you are consistently wilfully ripping off another work - however you go about it - you're in the wrong game. OTOH, there is nothing at all wrong with going on the hunt for inspiration by pouring over other people's work, then developing your own ideas when something speaks to you. As stated above, no art exists in a vacuum.

Comin'OutSwingin September 6th, 2006 03:28 AM

Re: T Shirt Design Copyright Info
 
I think probability can be determined just by the facts that the copyright office gives the general public. You don't have to be a lawyer to determine if something is probable.

If you re-draw an image to look exactly like the original image, then yes, you are "probably" infringing on the copyright.

That's the whole idea of copyright protection. To protect your work so that no one else is able to create your exact image, writings, etc.

It's almost like saying you wrote a book, but it's exactly like Harry Potter, only you didn't use a computer. It's in your handwriting. Is this copyright infringement since it's in your handwriting. PROBABLY!

Ross B September 6th, 2006 08:34 AM

Re: T Shirt Design Copyright Info
 
Comin'outswingin

I agree with everything you've said - but I think you've missed my point entirely!

Of course, as you say, "if you re-draw an image to look exactly like the original image, then yes, you are "probably" infringing on the copyright" (well, not 'probably' in that case - 100% certainly!). Who could disagree with that?

The issue becomes clouded when the original image is modified to the point that it takes on its own identity as a new piece of art. I don't want to keep repeating myself, but it seems I must if I am to make the point clear. So...if you produced the new piece of art from scratch, inspired by some other work, there is no copyright issue. If you started with the original 'other work' in a graphics program and worked from there to produce exactly the same new piece of art, it is, according to some, a copyright infringement. The finished product is identical in both cases, the only difference between it being "original" and a breach of copyright, being the mode of production - or so the general layperson contention has it. As previously stated, the copyright status in a situation like this can really only be assessed legally on a case by case basis, by a lawyer with appropriate expertise. That was my point.

Handwriting Harry Potter instead of using a computer and claiming it to be your own work is not analogous to the situation I was referring to at all, because the final work is exactly the same in this case, regardless of the mode of production!

In my post, I was referring to the allusive quality of all art. Harry Potter owes something - a lot, in fact - to the children's literature that preceded it: for example, Boys Own magazine, Lord of the Flies, Lord of the Rings, Alice in Wonderland, and The Lion The Witch And The Wardrobe. Really, any fairy story featuring wizards and magic could have been the inspirational starting point for JK Rowland's Potter books. She didn't invent wizards and magic, or schoolkids in a boarding school, or the battle between good and evil, or schoolboy heros wearing glasses (stand up Clark Kent!). She borrowed from other literature and stories she had encountered, directly or indirectly, and her life experiences, then set her imagination to work to produce something of her own from other material that inspired her. Just as songwriters do. Just as graphic artists do.

If Rowland had started with a plot plan identical to, say, Tom Brown's School Days (acknowledged as the first boarding school story), then set it in modern times and added a bit of magic and wizardry, she would be guilty of breach of copyright if you applied the argument on this forum that any work of art developed with another work as the original model is a ripoff. Which is, of course, nonsense.

Shakespeare didn't create the story of Romeo and Juliet. It was a well-known tale of the time that many people knew. Shakespeare lifted it shamelessly and re-wrought it, applying his own brand of literary magic to the original tale. No one then accused him of plagiarism, and no one would think of doing so now!

And what about postmodernism? One of the defining characteristics of postmodernism is the flagrant recontextualising of other works of art in one's own work. Warhol is an obvious example from the art world. Cathy Acker, from literature, literally lifted chunks of other authors' work and inserted it in her own.

And hip hop and rap regularly samples riffs and vocal lines from earlier songs. Sure, they pay some sort of royalty to the original artist, but the resultant hip hop number is still recognised as an original work - and this is with part of another work blatantly featured in its original form within the hip hop song!

There are thousands of blues songs that use the identical 12 bar blues chord structure, and even identical melodies! Only the lyrics and musical treatment, or interpretation, differ (and some would argue that many blues lyrics are thematically and even literally indistinguishable...I woke up this morning, ma baby was gone...etc). The world recognises, though, that the art of the blues is in its interpretation.

I trust the point I am striving to make is now clear enough.

Rodney September 6th, 2006 08:55 AM

Re: T Shirt Design Copyright Info
 
Ross, we're not here to debate copyright laws :)

The best answer is to contact a lawyer. Your answers make it seem as if you are giving legal advice, which is not what this forum is for.

It should also be worth noting that the copyright laws in Australia may differ slightly from those in other countries.

I think it's good advice to advise the poster to stay away from using other images and just redrawing itas a source for their design which they will use on merchandise for sale.

I can understand that you've done a lot of research on the topic and are very knowledgeable about copyright laws in Australia, however, since we have different people from all over the world reading this forum with different levels of experience, I don't want them to get the impression that you're saying taking other images and just redrawing them and using them on products for sale is OK.


All times are GMT -8. The time now is 01:48 AM.

vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2019 DragonByte Technologies Ltd.
Copyright 2004-2014 T-ShirtForums.com. All rights reserved.