posted
I guess its time for one of my Copyright vs Trademark rants/explanations.
Stacey Jones asked a two part question, but I don't think anybody answered it all. The issue is: A) Is is "OK" (morally, ethically) to re-create a "design" (layout) that some other shop has done in the past. --and-- B) is it "LEGAL" to do this (what are the copyright issues).
I'll let you all go argue "ethics". Here's the legal side:
Copyright is attached to the ORIGINAL work only. It is illegal to mechanically copy somebody else's work without their permission.
So, if Joe paints a fancy flame, it would be illegal for you to photograph it and put it in a book, print copies and sell them to other people. You would have made a mechanical reproduction (an "exact" reproduction) of Joe's work. However, it is perfectly legal for you to take a piece of paper and a Stabilo, trace the thing, pounce it, and paint it until the hairs fall out of your brush. That's because this isn't an "exact" or "mechanical" reproduction. You're wobbly lines are going to be a little different than Joe's original wobbly lines. So what about using a computer? If you trace it (by hand), then scan, and clean up, and cut vinyl flames, then you've still made your "orginal" by hand, so you're OK. (You're not creative or talented, but you're legal).
If Mr. Jones has a truck with some red Helvetica lettering ("the design"), and you go to your computer and type up some red Helvetica lettering to match it, you haven't made a perfect reproduction of the original "design" -- you've just copied the IDEA.
In the USA, you can only protect the idea of a design either by Patent or Trademark. 99.99 percent of layouts ("designs") are NOT trademarked. Mickey Mouse, the Circle K, the Golden Arches -- those are trademarked. Mr Jone's truck aint trademarked. Trademarks require lawyers and bales of money.
If you sketch a cute cartoon for a customer, and he then scans it and uses it on his business card, then he's infringed your copyright. If his 2 year old daughter traces it with a crayon and he uses it, then he's in the clear (except for a crappy business card).
None of this has anything much to do with getting a sketch deposit (or not), faxing designs, or "protecting" your work from being "ripped off." This is about copyrights.
-------------------- :: Scooter Marriner :: :: Coyote Signs :: :: Oakland, CA :: :: still a beginner :: :: Posts: 1356 | From: Oakland (and San Francisco) | Registered: Mar 2001
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That might be the first time I heard "bales" of money. Very graphic, I like it.
-------------------- James Donahue Donahue Sign Arts 1851 E. Union Valley Rd. Seymour TN. (865) 577-3365 brushman@nxs.net
Democracy is two wolves and a lamb voting on what's for lunch, Benjamin Franklin Posts: 2057 | From: 1033 W. Union Valley Rd. | Registered: Feb 2003
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posted
This guy once told me of "The Man on the street Law" Basicly, if a guy on the street can reconized a logo or cartoon reproduced without the "Owner's" consent, it's illegal.
-------------------- Signs by Alicia Jennings (Mudflap Girl) Tacoma, WA Since 1987 Have Lipstick, will travel. Posts: 3935 | From: Tacoma, WA. U.S.A. | Registered: Dec 1999
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posted
":This guy once told me of "The Man on the street Law" Basicly, if a guy on the street can reconized a logo or cartoon reproduced without the "Owner's" consent, it's illegal." ------Alicia ------------------------------ That sounds pretty airtight. In a lawsuit, the guy on the street would not have asked for the owner's consent to recognize the little graphic mudpie, and the owner would have to prove the guy recognized it. Since the guy on the street can't really afford a hobby of sitting in court,he will be very hostile toward the plaintiff. The defense, of course, could find witnesses with less than superior vision, and pretty soon the Logo Owners would have to find a different route of attack.
-------------------- Bruce Williams Lexington KY Posts: 945 | From: Lexington, KY, USA | Registered: Mar 1999
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posted
I have a different Man on the Street Law. Although, let's call it my rule as it is not really a law. When a man steals my artwork, I will then find this MAN ON THE STREET and break his f@#*@%g legs. I will also break his fingers on both hands so he will not be able to operate a pencil or computer for the duration of his life. It's a very simple rule and easy to follow.
-------------------- Rob Larkham Sign Techniques Inc. Chicopee, Ma Posts: 607 | From: Chester, Ma. | Registered: Apr 2002
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posted
now where did i put that "rob larkham" design i was a bout to reproduce.......heheheheheh
-------------------- joe pribish-A SIGN MINT 2811 longleaf Dr. pensacola, fl 32526 850-637-1519 BEWARE THE TRUTH.....YOU MAY NOT LIKE WHAT YOU FIND Posts: 11582 | From: pensacola, fl. usa | Registered: Nov 1998
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