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   Author  Topic: card and invitation copyright  (Read 500 times)
vicki entwistle
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card and invitation copyright
« on: Jan 4th, 2006, 6:34am »
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I have recently started making handmade cards and invitations for selling. I have noticed however when flipping through some magazines  some of my designs are very similar to those in the magazines. As i am new to this i am assuming their designs have been produced first and although mine are similar there are noticable differences.  
Can i still carry on selling my cards? A few people have mentioned that as long as there are differences such as colour / card quality / font etc I am ok to carry on. Is this correct?  
Thanks
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Isaac
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Posts: 3472
Re: card and invitation copyright
« Reply #1 on: Jan 4th, 2006, 7:04am »
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Copyright law is about copying.  If you did not copy their designs, but created yours independently, then you have not infringed.
 
But that said, a striking similarity coupled with potential access to the cards is considered evidence of copying, albeit refutable evidence.   Striking similarity implies a match so close that it is unlikely to arise by chance or from independent recreation.
 
One thing to remember is that for some types of cards, there are stock elements that would not be evidence of copying.  The fact that your Christmas card features a tree trimmed with candy cane decorations and having a star at the top just like a countless other cards would not be indicative of infringement IMO.
   
Having some differences does not insure that you are okay.   That's a common, but incorrect belief.   If you did copy artwork from a card onto a card of different quality you would be infringing the copyright on the artwork.
 
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Isaac
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