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Logo Products [message #36702] Sat, 15 October 2011 12:41 UTC Go to next message
avatar B1lancer  is currently offline B1lancer
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Registered: May 2009
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If you create a product utilising a brand logo, from video games, films etc do you have to obtain a license to do so? Or is there some sort of legal loophole that allows copyrighted/trade marked works to be created and sold under certain circumstances?

Many Thanks,

Jack

Re: Logo Products [message #36704 is a reply to message #36702 ] Sat, 15 October 2011 13:20 UTC Go to previous messageGo to next message
avatar stefan_z  is currently offline stefan_z
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If it's the exact logo you are not allowed to sell it without permission of the owner.

If it's an alteration like SUCKERS instead of SNICKERS there might be some loophole based on satire or artistic freedom.

To make it for your own personal use is not illegal.
Re: Logo Products [message #36709 is a reply to message #36704 ] Sat, 15 October 2011 14:11 UTC Go to previous messageGo to next message
avatar B1lancer  is currently offline B1lancer
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I wondered because there are quite a few models using copyrighted/trade marked material, this Harry Potter pendant for example:

http://www.shapeways.com/model/244983/

I looked into obtaining licenses and anything for a big brand like Harry Potter is $$$. I take it the individual, rather than Shapeways, would be liable for any lawsuit as they clicked the "Own Work" box on upload?

Regards,

Jack

Re: Logo Products [message #36710 is a reply to message #36709 ] Sat, 15 October 2011 14:18 UTC Go to previous messageGo to next message
avatar Innovo  is currently offline Innovo
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B1lancer wrote on Sat, 15 October 2011 14:11

I wondered because there are quite a few models using copyrighted/trade marked material, this Harry Potter pendant for example:

http://www.shapeways.com/model/244983/

I looked into obtaining licenses and anything for a big brand like Harry Potter is $$$. I take it the individual, rather than Shapeways, would be liable for any lawsuit as they clicked the "Own Work" box on upload?

Regards,

Jack




You are correct.

In the same sense you can take your chances. It is highly unlikely that you get a ''cease and desist'' letter anyway.

[Updated on: Sat, 15 October 2011 14:21 UTC]



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Re: Logo Products [message #36711 is a reply to message #36702 ] Sat, 15 October 2011 14:36 UTC Go to previous messageGo to next message
avatar stefan_z  is currently offline stefan_z
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Registered: July 2011
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Well the HP pendant is a brilliant example of how to get into trouble.
Somewhere out there is someone who payed large sums of $ for the right to "production and distribution of the original Harry Potter Logos in for of pendant / jewelry" - and there's a good chance they have to pay for each piece they sell to.

As with every "fresh" or "extreme" franchise I would refrain from selling or even showing this to the public.

It's not like Ms. Rowling will come after you - she doesn't even own copyright to those logos I guess. It's also not the holder of the logo but some law-firm or agency they pay to hunt for infringement - and guys like that have no mercy with no one - they will sue their senile grandmothers for a million bucks if they can.

I also have sort of copyrighted stuff in my shop - Monkey Island Smile
But that stuff is so old that I just guess/hope they will rather like it than sue me Smile
Re: Logo Products [message #36772 is a reply to message #36702 ] Mon, 17 October 2011 13:00 UTC Go to previous message
avatar Youknowwho4eva  is currently offline Youknowwho4eva
Messages: 5482
Registered: September 2008
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It's all in the eyes of the IP holder. Some will see it as fan art. Others will see it as IP theft. It's rare but shops have been sent cease and desist orders. Well Baltimore is the only that I know of that has received them. I'd say the real problem the shops will have is using the name Harry Potter to promote their product. Now if you said "intended to look like" or something down those lines you'd be less liable.


I learned a long time ago the wisest thing I can do is be on my own side, be an advocate for myself and others like me. -Maya Angelou
michael@shapeways.com Community Advocate

 
   
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