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Anyone familiar with copy right laws?
Posted by: Wags
Date: April 15, 2021 02:46PM
My niece started an online stores selling her designs in the the form of stickers, tshirts, etc. She's an elementary school music teacher and all of it has a musical theme. [www.etsy.com]

Anyhow, seems a company in Iceland is using her designs on their tee shirts, with some small modifications. Think there's anything she can do about it?

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Re: Anyone familiar with copy right laws?
Posted by: rjmacs
Date: April 15, 2021 02:54PM
Did she trademark the design? Her claim is not likely actionable if she didn't.

More info here.


rj
AKA
Vreemac, Moth of the Future
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Re: Anyone familiar with copy right laws?
Posted by: wurm
Date: April 15, 2021 02:57PM
If it can be determined that the designs are similar enough to be infringement, it may matter who first used the design publically. Then the battle can start.

-edit-

Just to clarify, I am not familiar with Copyright law. Sorry.



Edited 1 time(s). Last edit at 04/15/2021 02:58PM by wurm.
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Re: Anyone familiar with copy right laws?
Posted by: mattkime
Date: April 15, 2021 03:07PM
>Think there's anything she can do about it?

Practically speaking, it seems unlikely.
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Re: Anyone familiar with copy right laws?
Posted by: anonymouse1
Date: April 15, 2021 03:25PM
You can get a lawyer to right them a threatening letter. Actual litigation will cost big bucks. Are the copies being sold in/to the same country as the originals?

I'd also try going to social media, and kick up a stink.
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Re: Anyone familiar with copy right laws?
Posted by: Dennis S
Date: April 15, 2021 03:30PM
I think you need a trademark or service mark. It's probably not going to be worth it.
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Re: Anyone familiar with copy right laws?
Posted by: Wags
Date: April 15, 2021 03:38PM
Thanks. Sort of confirms what I've been thinking. She didn't trademark anything, strictly low budget.
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Re: Anyone familiar with copy right laws?
Posted by: Mr Downtown
Date: April 15, 2021 03:50PM
Annoying, but probably different enough to not be a copyright problem.

Unlikely that she has a trademark on the phrase, as it's probably not distinctive enough. The colors and musical staff might qualify as trade dress, but iffy.

At any rate, unlikely to be worth the trouble to do anything other than send a nasty letter.
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Re: Anyone familiar with copy right laws?
Posted by: sekker
Date: April 15, 2021 03:55PM
I could offer some comments on copy wrong laws...

My sister had her entire website copied kit and caboodle, and even with her trademark and other legal protection in place could not get the copycats to stop since they were out of the US. In the end, she now watermarks everything.
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Re: Anyone familiar with copy right laws?
Posted by: NewtonMP2100
Date: April 15, 2021 04:20PM
....only have experience copying off fellow students paper in grade school.....


_____________________________________

I reject your reality and substitute my own!
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Re: Anyone familiar with copy right laws?
Posted by: rjmacs
Date: April 15, 2021 04:57PM
Watermarking is a good idea, as is putting a copyright symbol on the logo in question. This can be done without registering the copyright.




rj
AKA
Vreemac, Moth of the Future




Edited 1 time(s). Last edit at 04/15/2021 04:58PM by rjmacs.
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Re: Anyone familiar with copy right laws?
Posted by: Dennis S
Date: April 15, 2021 05:37PM
She also has to worry about getting sued herself.
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Re: Anyone familiar with copy right laws?
Posted by: RgrF
Date: April 15, 2021 11:16PM
She should be flattered.
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Re: Anyone familiar with copy right laws?
Posted by: Lux Interior
Date: April 16, 2021 10:35AM
Quote
RgrF
She should be flattered.

Sincerely?
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Re: Anyone familiar with copy right laws?
Posted by: Robert M
Date: April 17, 2021 11:49AM
Rgrf,

You can't be serious. Falcon Tees stole her design and is using it for its own financial gain. She is rightfully outraged and should go after them if she has the means to do so.

Robert



Edited 1 time(s). Last edit at 04/17/2021 11:49AM by Robert M.
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Re: Anyone familiar with copy right laws?
Posted by: JoeH
Date: April 17, 2021 03:09PM
Quote
Robert M
Rgrf,

You can't be serious. Falcon Tees stole her design and is using it for its own financial gain. She is rightfully outraged and should go after them if she has the means to do so.

Robert

I think he was being sarcastic. That phrase is the usual one that people and corporations use when they appropriate pictures and designs posted on the internet.
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