View Single Post
  #30 (permalink)  
Old 05-23-2010, 03:35
rachie2531's Avatar
rachie2531 rachie2531 is offline
Senior Member
Join Date: Jul 2009
Location: Alabama
Posts: 758
Default Re: Pattern copyright laws, just FYI

[QUOTE=tabberone;566705]unbrokendreamz - making bottle cap images using the computer is often infringing especially if one is copying an image to make the bottle cap. If you are using the computer to create a design of your own that is fine. However, images on the internet are not there for the taking. If you have purchased some copyrighted material and you consume that material in the making of the bottle caps then that is not infringing.

One court ruled that a copyrighted item consumed in the construction of other items has no economic significance and is not infringing.

weesewcute - I have copies of several settlements on my web site including the Disney settlement.

yocelita - you are correct about not being able to use images like Winnie The Pooh. When someone says their item was "inspired by" something or someone, you can bet it is infringing. A t-shirt that says "I Love Jonas" will likely be considered infringing because of the name recognition.

rachie2531 - most lawyers do not understand trademark and copyright law. They study it in law school for a few classes but if they do not go into that field they fail to understand the wording and case histories.


Sadly most lawyers do not understand half of the things they take on in court but that is what they are there for and I would much rather be wronged by my lawyer than someone in a forum who has done internet searches. Even lawyers who specialize in a certain feild never know how things will turn out as cases are all handled diffrently, and Im very sure that mine will not give me any information until he has done his research and double-checked everything he can. I can do case result searches on copyright lawsuits all day long but when it comes down to it, every court rules diffrently in diffrent situations so I just take things as they come and leave the final decision to a professional. I would much rather go in front of a judge and say "My lawyer and I both talked this over and we agreed for these reasons that it was ok" instead of "I searched forever on line and my final decision was I could do what I want." This is my way of thinking and the only reason I suggested everyone should take their questions to a trusted lawyer.
Reply With Quote