Author Topic: Copy right Confussion HELP!!!!  (Read 4569 times)

Chachi

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Copy right Confussion HELP!!!!
« on: December 30, 2010, 01:04:14 am »
I am new to this forum, I have been reading about all the copyrighting stuff but I am confussed, so Maybe someone can answer this for me.

Ok Question is I can't seel the Pattern correct? Ok I got that but I can cut the Pattern and seel the final product right?  So why/how can this be I'm cofussed can someone help me to figure this out?

Thanks in advance

Waddawood

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Re: Copy right Confussion HELP!!!!
« Reply #1 on: December 30, 2010, 03:09:37 am »
Whoever made the pattern is the owner of the pattern.  They sell that pattern to you to use.  They still own the copyright to it so that is why you can't sell the pattern.  You can sell finished pieces from it because you made the finished piece.  If you plan to mass produce something from the pattern, it may be a good idea to ask the designer if that is ok just to be respectful.  Sometimes it says on the pattern.

Offline julief

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Re: Copy right Confussion HELP!!!!
« Reply #2 on: December 30, 2010, 07:16:04 am »
When you buy a pattern, you buy the right to make and sell the finished project.  The pattern copyright forbids you from selling the pattern or a modification of the pattern.  Most patterns tell the copy place that you can make up to 10 copies of a pattern at a time.  Mass producing or assembly line work is usually forbidden.  Even some of the free patterns are copyrighted.  When you make your own patterns, be careful not to use images that are copyrighted, like team logos.  You can make items and give them away but be careful of selling copyrighted images.  You never know who is at the sale.

Offline Russ C

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Re: Copy right Confussion HELP!!!!
« Reply #3 on: December 30, 2010, 07:19:22 am »
Waddawood is right. Some people make a living making patterns to sell. If you sold the pattern they would make no profit. The pattern is for you to use to make finished pieces and sell them.  8)
russ@simplywoodencreations.com

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Offline dunk

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Re: Copy right Confussion HELP!!!!
« Reply #4 on: December 30, 2010, 12:16:22 pm »
How about sayings and slogans?  What are your feelings on copyright then?
Where's the Beef?
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Sawdust Dave

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Re: Copy right Confussion HELP!!!!
« Reply #5 on: January 06, 2011, 01:22:14 pm »
Just because you buy a pattern doesn't necessarily mean you can sell what you made from it. It all depends on what conditions the pattern maker puts on their patterns. A copyrighted pattern or picture etc it is still protected under copyright laws no matter what you turned it into.
I bought a scroll saw book with patterns and step by step instructions on how to make bowls. in that book it states you can use the patterns with no limitations except to sell the patterns. I bought another book that gives instructions on making another type of project  and it has strict rules that you can only make 5 items of each project and you are not allowed to sell any of the projects made from patterns in the book. It was the authors choice how to let you use his patterns. The same things apply when you buy or get free single copyrighted patterns. It all depends on what the pattern maker is willing to let you do with the pattern. If they say for personal use only that means you can't use the pattern to make something for profit. The same thing applies to copyrighted photos.

As far as using sayings or slogans that are a trademark or copyrighted don't use them on anything you plan to sell without permission. You can use them for personal use all you want.

Sawdust Dave

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Re: Copy right Confussion HELP!!!!
« Reply #6 on: January 06, 2011, 02:11:50 pm »
I made a scrollsaw portrait of Conan O'brien and gave it as a christmas gift to a friend who just loves him. Since I made one as a gift and nothing else there really isn't a copyright violation even though I used a copyrighted photo of him. But if I was to post the pattern on here that  I made from it  for other people to use to cut their own that would be considered a copyright violation even though I modified the photo to make the pattern the original copyright is still in effect. Plus the pattern could possibly be used for profit by someone. Then along comes a lawyer that sees the pattern I posted and contacts Steve telling him that his site violates copyright laws and will be sued if he doesn't remove it. Even though the lawyer doesn't even officially represent Conan, they look for anything they can find to possibly file a lawsuit. Remember the person that made "it's five o'clock somewhere clocks" that got into trouble for it awhile back? That was a perfect example of what happens. I guess lawyers got tired of chasing ambulances.

Bottom line is... If your not sure if there's a possible copyright violation don't post it or sell it before you find out. It's not worth the hassle
« Last Edit: January 06, 2011, 02:15:25 pm by Sawdust Dave »

Chachi

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Re: Copy right Confussion HELP!!!!
« Reply #7 on: January 06, 2011, 07:45:37 pm »
Thanks for the info that so cleared things up for me...
  Really the 5 o'clock somewhere clocks wow that saying has been around for years. I didn't realize that was a copyrighted slogan I guess you learn something new everyday...

Sawdust Dave

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Re: Copy right Confussion HELP!!!!
« Reply #8 on: January 06, 2011, 11:07:59 pm »
The saying "it's five o'clock somewhere" is a song title. It could have been a situation like I went through with a web store banner of mine that a lawyer gave notice on. I contacted the company directly then emailed the letter I got from the lawyer along with a photo of my banner. Their legal department agreed with me that it was a stretch that my banner was a modified version of their copyright and they didn't have a problem with it. They also said the complaint didn't come from them. The interesting part was that they mentioned that lawyers will sometimes contact someone and claim there's a copyright violation in hopes that they can get the copyright holder to agree to a lawsuit after giving notice thats required by law to an offender. That doesn't mean that's always the case but it's a big pain to go through. After that I read up on everything I could about copyright laws lol.

Offline KarlB

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Re: Copy right Confussion HELP!!!!
« Reply #9 on: January 07, 2011, 07:53:00 pm »
Dave,

Do you know of a site that lists copyrighted sayings?

Karl

Sawdust Dave

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Re: Copy right Confussion HELP!!!!
« Reply #10 on: January 07, 2011, 09:03:33 pm »
You might try copyright.com.. I don't know if they list sayings or not.

Offline termite

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Re: Copy right Confussion HELP!!!!
« Reply #11 on: January 07, 2011, 10:20:30 pm »
back in some earlier postings Janet had trouble with the 5 o'clock somewhere saying. it seems
Jimmy Buffet owns the rights to this. give her a shout to find about this

Offline dgman

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Re: Copy right Confussion HELP!!!!
« Reply #12 on: January 07, 2011, 10:24:49 pm »
Janet doesn't come here anymore. She has taken up crocheting.
Dan In Southern California

Chachi

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Re: Copy right Confussion HELP!!!!
« Reply #13 on: January 08, 2011, 10:17:17 am »
IT must be nice to have a team of lawyers and the money to copyright a saying, Well shoot that might mean that half the things I was going to say on wood maybe copyrighted.
  Thanks for the heads up I Need to research all the copyrighted sayings now.

Chachi

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Re: Copy right Confussion HELP!!!!
« Reply #14 on: January 08, 2011, 10:25:07 am »
I just found this and I think it will shed alot of light on this subject I know it did for me.
It was posted by a Lawyer in Califonia.

I don?t understand your question. What do you mean you ?believe? that you have some ?original sayings.??

Because you only ?believe? it, I?m going to assume that you were not the one who said these ?sayings.? In that case, it doesn?t matter whether they are ?original? ? whatever that means ? because they are not ?original? from you. You do not own, therefore,[and can never own] a copyright in any of the sayings.

A ?saying? is either a stand-alone quote, a poem, or a small [repeat small] portion of another literary work. Each of these are, in copyright lingo, ?short phrases.?

The threshold issue is whether copyright attaches to any of the short phrases you want to reproduce. The starting point when thinking through that question is the rule that short phrases are NOT copyrightable. See 37 C.F.R. section 202.1 at http://tinyurl.com/clr6bf and http://tinyurl.com/dzza5s . Indeed, in the context of news organizations reporting facts, courts have held that entire paragraphs are sometimes not copyrightable.

Courts have applied this rule quite often. As a result, none of the following phrases are copyrightable:
?Listen Up, It?s More Than Talk, It?s Feeling?
?You Got The Right One, Uh-Huh?
?Protecting The Earth From The Scum Of The Universe"
?You?ve got to stand for something or you?ll fall for anything?
?Eat Your Art Out, Chicago?
"Priority Message: Contents Require Immediate Attention."

However, courts sometimes cite a different rule: that is, when a single line of a larger copyrighted work (such as a movie or poem) is copied by an alleged infringer, the test for copyright infringement is whether "the work is recognizable by an ordinary observer as having been taken from the copyrighted source."

If so, then the court will often conclude that copying that one particular sentence is an infringement of the larger work ? that is, the movie or poem. This rule is not, however, often applied. Nonetheless, if a phrase has become so well known that it may be considered "the heart" of a copyrightable work -- e.g. "ET phone home" -- then the court will find a way to preclude anyone other than the copyright owner from exploiting the phrase. Especially for commercial purposes such as in your planned book or poster.

So ... as far as copyright law goes, you're on safe ground publishing a book of short phrases so long as (1) each phrase stands alone or is only a very small portion of a larger work, (2) each short phrase is not ?the heart? of a larger work, and (3) the phrases are not attributable solely to one living person [or dead for less than 70 years].

Your copyright in such a book attaches ONLY to the sum of its name, the particular sequence of the phrases, and any creative designs and extraneous material that you add. You do NOT own any copyright interest in any of the short phrases.

As for creating posters, Attorney Koslyn is certainly correct that if you put a short phrase on a poster that does NOT give you a copyright interest in the short phrase. Attorney Ross is also correct that your copyright in the poster attaches ONLY to the other design features of the poster [which he?s listed in his response] and not the short phrase.

You need to speak with a copyright attorney before you publish the book or sell a poster. Good luck.

 

SMF

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