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Real nice blatant design ripoff there.

Surreal Farber
Cat Herder
Join date: 5 Feb 2004
Posts: 2,059
01-08-2006 13:54
I've got an awesome Cthulhu for President shirt that will be out for the next election. Why Settle for the Lesser Evil!
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Jake Reitveld
Emperor of Second Life
Join date: 9 Mar 2005
Posts: 2,690
01-08-2006 16:25
From: Dianne Mechanique
Well I am into beating dead horses tonight, so I have to say I think you are wrong here.

By this definition, merely writing a word like "stupid" on a t-shirt is copyrighted? I dont think so. Certain logos, images and phrases *may* be trademarked but in most cases said trademark has not been applied for.

Especially in the case of a simple written phrase in a common typeface like times roman (which is basically the topic of the thread), its highly unlikely that there is anything illegal about copying it unless the makers have specifically trademarked the phrase or "look" of it.

If the phrase was "Desperate Housewives" for instance, done up like the TV shows titles, then they have probably applied for the trademark. Most of the time people dont do this for the kind of thing we were originally talking about though.


Sorry to disppoint you but I was spot on. It may not be your understanding but it is the law.

Writing a word like "stupid" on a t-shit may or may not be trademarked or coprighted. It depends on the image. If I hand write stupid in bubble font of my own design on a t-shirt, then it is copyrighted (whether or not it is registered, registration is not necessary to obtain copyright or trademark protections, it just makes things much easier). Yet do the same thing in common font, and no its probably not protected.

this works fine with single words, but a phrase, unless very common, is much more likely some copyright attached, as well as some trademark protection. Certainly the shirt is question were copyrighted. Adding complexity to this, there is the question if the use constitutes a fair use exception.

All in all it is much safer to not use somone's work than it is to go through this analysis. Or to post the disclaimer. But telling someone just because its words in common type means its okay to use them is seriously misleading.
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Nicola Escher
512 by 512
Join date: 1 May 2003
Posts: 200
01-08-2006 17:03
From: Jake Reitveld
Sorry to disppoint you but I was spot on. It may not be your understanding but it is the law.


Depends on what you mean by "law":
Copyright Protection Not Available for Names, Titles, or Short Phrases

From: someone
Names, titles, and short phrases or expressions are not subject to copyright protection. Even if a name, title, or short phrase is novel or distinctive or if it lends itself to a play on words, it cannot be protected by copyright.


Now, how a judge will interpret and administer that law is, of course, a different matter and from what I can suss from the following article the line between infringement and none is "arbitrary" and depends on a number a factors including precedent and the judge's inclination:

I May Not Be Totally Perfect But Parts of Me Are Excellent: Copyright Protection for Short Phrases

Oh and Jake, you seem to be confusing Copyright and Trademark, or at least lumping them together unwittingly. Have a look at this:

What Are Patents, Trademarks, Servicemarks, and Copyrights?
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Nicola Escher
512 by 512
Join date: 1 May 2003
Posts: 200
01-08-2006 17:08
From: Surreal Farber
I've got an awesome Cthulhu for President shirt that will be out for the next election. Why Settle for the Lesser Evil!


You have uttered the name of the Great Old One, who doesn't take infringement lightly. It/His lawyers will be contacting you. Insanity will follow.
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Phoenix Psaltery
Ninja Wizard
Join date: 25 Feb 2005
Posts: 2,599
01-19-2006 21:17
Dear Jonquille:

I wish to offer up an apology for the manner in which I approached this entire issue and spawned this thread.

I regret my choice of words and the inflammatory tone which I used.

I do feel that the use of others' design ideas and/or designs is not how I would prefer to see my fellow SLers use their creative gifts, but I recognize that I was wrong for saying what I did in the way that I said it.

Please accept my heartfelt apology.

P2
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Noel Marlowe
Victim of Occam's Razor
Join date: 18 Apr 2005
Posts: 275
01-19-2006 22:51
From: Nicola Escher
You have uttered the name of the Great Old One, who doesn't take infringement lightly. It/His lawyers will be contacting you. Insanity will follow.

You see Cthulhu; lose d100 SAN. You listen to Cthulhu's lawyers; lose whatever SAN you had left.
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Usagi Musashi
UM ™®
Join date: 24 Oct 2004
Posts: 6,083
01-20-2006 04:10
Well some much for forum rules.......... :confused:
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Moss Talamasca
Serpent & Thistle
Join date: 20 Aug 2005
Posts: 367
01-20-2006 13:20
From: Jonquille Noir
Okay, all the t-shirts have been removed. I don't know how I'll live without that $0.20 a day, but I'll try to carry on.


You weren't the only one. I saw a whole bunch o' tshrthell designs on SLX yesterday. I'm not trying to be a jerk to you, it's just that it's almost too easy to download tshirt images and make some Lindens off them.
katykiwi Moonflower
Esquirette
Join date: 5 Dec 2003
Posts: 1,489
01-20-2006 18:34
From: Phoenix Psaltery
And as far as copyright -- their website clearly states "COPYRIGHT T-SHIRT HELL INC. 2001-2006 ALL RIGHTS RESERVED."
Then if they have a problem with any other usage its their right and privilege to give a notice to stop.

You dont own the copyright and you dont even have legal standing to complain. I think its great advertising and thank Jon for making such cute t-shirts available in SL!
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Anwir Albion
Registered User
Join date: 13 Sep 2005
Posts: 5
01-20-2006 19:16
From: Phoenix Psaltery

And as far as copyright -- their website clearly states "COPYRIGHT T-SHIRT HELL INC. 2001-2006 ALL RIGHTS RESERVED."

P2


Actually I'd be quite interested to find out where the copyright (if any) lies with those shirts, as a cursory google for "funny t-shirts" turns up dozens of places all selling the same designs (in First Life not Second) all claiming copyright on those designs.
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