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david perry
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copywrite question
« on: Jan 10th, 2004, 6:28am »
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If I use an empty food can (eg spam or baked beans) to make into a clock am I infringing copywrite laws ? ALso similar question regarding bottles, if I make a Jack Daniels bottle into a lamp (using the label design as a lampshade) am I infringing laws with this ? Is it merely recylcling ? Is there a law against selling items like this ? Do I own the copywrite for the idea ? Any help or advice would be apprediated....
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tabberone
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Re: copywrite question
« Reply #1 on: Jan 10th, 2004, 4:00pm »
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If you take the Jack Daniels label or whatever label off the can or bottle and use it on the lampshade then IMHO you're ok.
 
If you duplicate the label onto the lampshade that is infringement.
 
Your idea is not sufficiently original enough to be considered a deriative which is what is required for a copyright.
 
And if it were sufficiently original to be a deriative then it would be infringement.  So your unoriginality protects you.
 
Check out my copyright/trademark battles:
 
http://www.tabberone.com/Trademarks/trademarks.html
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david perry
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Re: copywrite question
« Reply #2 on: Jan 13th, 2004, 4:18am »
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thanks for that.  Thats what I thought.  what about the clocks ? If I am simply punching a hole in a can and putting a clock mechanism in it am I infringing the copywrite here ?
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david perry
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Re: copywrite question
« Reply #3 on: Jan 13th, 2004, 4:21am »
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Also, If I were to alter the image of the label in the lampshade, but still retain its recognisability (I know thats not a word) does this change the level of originality in my favour?
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tabberone
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Re: copywrite question
« Reply #4 on: Jan 13th, 2004, 7:06am »
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Don't they sell those clock parts in catalogs for people to use in projects?
 
Why would you alter the image?  You're probably better off using it as it comes off the bottle.  
 
Of course it goes without saying, but I'll say it anyway, don't copy the label.  No pictures, no photocopies, no scans etc.
 
And having said all that, even though you may not be doing anything wrong that doesn't stop big companies from deciding they don't like what you are doing.
 
I would also recommend that you use a disclaimer when you sell these items.
 
Check out the disclaimers on my website and also any of my auctions on eBay that are for products made from licensed fabric.
 
After a few federal law suits and discussions with lawyers on the other side I think my auction disclaimers are pretty good.  
 
Of course I've had auctions shut down with disclaimers.  But that's another story.
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