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Old 06-15-2010, 05:55
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ThreeBlessingsBowtique ThreeBlessingsBowtique is offline
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Default Re: Copyright Issues When Making Bottle Caps?

we are actually talking about two different animals here

trademark and copyright
the images of colleges and schools are TRADEMARKED and the misuse of those is very serious

notice the R in the circle that means it is registered and anyone who uses it in any way can be sued AND YES PPL DO THIS TO EVEN THE LITTLE GUYS the things that are TM on them may of may not have the REGISTERED stamp of the govt and can be used whenever

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.

A copyright protects an original artistic or literary work; a patent protects an invention

Is registration of my mark required?
No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,
  • constructive notice to the public of the registrant's claim of ownership of the mark;a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
  • the ability to bring an action concerning the mark in federal court;
  • the use of the U.S registration as a basis to obtain registration in foreign countries; and
  • the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.
What Is Copyright?
Copyright is a form of protection provided by the laws of the United States
(title 17, U. S. Code) to the authors of “original works of authorship,” including
literary, dramatic, musical, artistic, and certain other intellectual works
Copyright Act generally gives the owner of copyright the exclusive
right to do and to authorize others to do the following:
• To reproduce the work in copies or phonorecords;
• To prepare derivative works based upon the work;
• To distribute copies or phonorecords of the work to the public by sale or
other transfer of ownership, or by rental, lease, or lending;
• To perform the work publicly, in the case of literary, musical, dramatic, and
choreographic works, pantomimes, and motion pictures and other audiovisual
• To display the work publicly, in the case of literary, musical, dramatic, and
choreographic works, pantomimes, and pictorial, graphic, or sculptural
works, including the individual images of a motion picture or other audiovisual
work; and
• In the case of sound recordings,* to perform the work publicly by means of
a digital audio transmission.
Copyrightable works
include the following categories:
1 literary works
2 musical works, including any accompanying words
3 dramatic works, including any accompanying music
4 pantomimes and choreographic works
5 pictorial, graphic, and sculptural works
6 motion pictures and other audiovisual works
7 sound recordings
8 architectural works
What Is Not Protected by Copyright?
Several categories of material are generally not eligible for
federal copyright protection. These include among others:
• Works that have not been fixed in a tangible form of
expression (for example, choreographic works that have
not been notated or recorded, or improvisational speeches
or performances that have not been written or recorded)
• Titles, names, short phrases, and slogans; familiar symbols
or designs; mere variations of typographic ornamentation,
lettering, or coloring; mere listings of ingredients
or contents

Ideas, procedures, methods, systems, processes, (this is important b/c someone cannot copyright a process or name so if you do something the same way as someone else and you write a tutorial as well, they can do nothing to you) concepts,
principles, discoveries, or devices, as distinguished from a
description, explanation, or illustration
• Works consisting entirely of information that is common
property and containing no original authorship (for
example: standard calendars, height and weight charts,
tape measures and rulers, and lists or tables taken from
public documents or other common sources)
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