blonde poker forum

So I tried to buy one of these at the beginning of the month for my dad's 50th bday,

(http://i1233.photobucket.com/albums/ff384/Milligan84/notonthehighst_zps7f61cc91.png)

(http://www.notonthehighstreet.com/intwine/product/personalised-1963-memories-print)


After I tried to order it, it said they weren't taking any orders until 20th June.. it is now saying not available until 25th June.. (his bday was on the 13th so I am well late already..) I couldn't be bothered waiting any longer so decided I would try and make one myself.

(http://i1233.photobucket.com/albums/ff384/Milligan84/My1963cropped_zps088451a5.jpg)

Reasonably happy with my effort and actually enjoyed doing it. Now I plan to do one for myself and the little one but it got me thinking what are the legal implications should I do this on a larger scale and sell them on?

Both the font and the images used in the original designer's work are commercial license free meaning anyone can use them. obviously there is no issue with the actual historical content of the piece so I think it just leaves her overall design in general? anyone got a clue? I have had a google but can't find an exact bit of legislation that would apply to something like this.

Cheers.

Don't know the answer, but impressive copy.

The original retailer would have intellectual property rights to the design, I would suspect they would have to make an effort to sue you for it because I would 'suspect' they never bothered with the hassle of legal technicalities of trademark/copyright/whatever - but they'd win if you did it like that because it's such an obvious copy.

You wouldn't have to change it much to make it ambiguous enough to 'get away' with it though.

It's a bunch of numbers on a background, so I'd guess, far from an expert, but change the colours and don't then it's a direct copy.

They don't own the numbers/content, just potentially the design.

Think of supermarkets changing slightly the design of a food product ever-so-slightly

Must be the same sort of thing?!!

If the original artist/seller is a member of an organisation called ACID, then they will carry out the legal side of things on their behalf.

Also, where would you sell? You wouldn't be able to get them on Notonthehighstreet or on Etsy, as the original seller would be able to stop you from selling a design identical to theirs. So that'd leave you with eBay or your own site maybe?

Cheers Jon.

I figured if there was any chance that I could get sued then I would inevitably get thrown all over the gaff.

Sounds like you are right about they probably haven't bothered as it seems they don't have to:

it is not necessary for a work to have an explicit copyright notice for it to be copyrighted.[1] It is also not necessary for copyright in a work to be registered; this simply makes it easier to be compensated in court. Without an explicit dedication to the public domain, assume that it is still under copyright.

http://www.wikihow.com/Avoid-Copyright-Infringement (http://www.wikihow.com/Avoid-Copyright-Infringement)

Waz, that's what I thought, the colour is free to use, the font is free to use, the facts are free to use and I'm pretty sure this designer isn't the first person to ever put words within numbers or other words.. I think if I make a few tweaks here and there I should be ok. btw i'm not dumb enough to sell anything with a legit trademark on, especially Disney, would be in prison within the week

All seems very grey, it's as if they can be bothered to do something they will probably win if you haven't made any effort to be different but if you have then you will probs get away with it.

Boshi, would just sell to friends in person or over fb etc as I probs know circa 100 people who would want one, obv nothing serious and wouldnt want to generate too much heat.

Maybe should delete this thread.  ;)

If you 'make' anything original you own it.

The grey area comes in when other people make things very similar to it, you'd be unlikely to have a problem if it was only ever done in a word of mouth kind of way (I would have thought).


lol I did think of something like that

But then I thought it would be quite interesting to see how the court case went if they did sue you  ;D

Dunno answer but was also born in 1963, are they personalised and easy to make? Might get one :)

obv you get N!T discount, second ccustomer already.. wiiiii, theoretically very customisable and comes in A3 on high quality canvas..

Live blonde update thread of my court case? probs have more chance of winning that than a poker comp post 2010.

Gonna do a 2012 one for my lil girl next week, will change it and see if people think it's far enough away from the original so I can get making some pennies.

If you sell them on here, you're unlikely to get into any trouble.

One of our suppliers recently made a trophy very similar to the World Cup but apparently as long as there were 9 differences between the original and what they produced it was considered not in breach of copyright.  Whether or not that's what is correct I don't know but it's what I was told.   Worth looking into and if it's as simple as that, just come up with your own font for the numbers and you'll be fine. 

ooh, will defo look into that. Cheers silo.  Had a deece idea, which if It is actually doable could be good, will certainly have more than 9 changes, anyway.

Thanks for the advice guys, muchos appreciato.

Stopped being an outright thief and let the creative juices start flowing, knocked up a few basic templates for outlines, the inside would pretty much be the same as mine but with all possible copyright infringements removed such as Daleks, Disney and X-Men.

(http://i1233.photobucket.com/albums/ff384/Milligan84/A3%20Canvas/1984_Space_zps809bbc61.jpg)

(http://i1233.photobucket.com/albums/ff384/Milligan84/A3%20Canvas/2012_sky_zps001b3e1b.jpg)

(http://i1233.photobucket.com/albums/ff384/Milligan84/A3%20Canvas/2012_teamGB_zps080f2ab5.jpg)

(http://i1233.photobucket.com/albums/ff384/Milligan84/A3%20Canvas/1984_retroBrick_zpsbeebde23.jpg)

(http://i1233.photobucket.com/albums/ff384/Milligan84/A3%20Canvas/1969_wood_zpsec1cf70f.jpg)

(source images are license free from Pixabay.com)

Surely these are far enough removed from the original to not be put in the slammer? I have made a lot more than 9 changes on all of them.

Anyone of the opinion I would still have a law suit on my hands should I try and sell any like this in the future?

nice copy in the original post. do you use adobe illustrator?

I use Photoshop for pics & After effects for video. Never used illustrator before but with some of the vectors i come across I wish I did.

I'd check up on the 9 changes thing, I'm not sure quoting the thread in court will be any defense!  Nice backgrounds, you should definitely look into Illustrator or CorelDraw for things like this, would make life much easier.

yeah I read in illustrator you can output vectors which are infinitely scalable without losing any quality which is ideal for printing. It's always a massive learning curve when you start using new software though and I'm lazg. :(. I think I can get away with PS for now, have sent off a design to a printer and waiting to see how it looks on A3 canvas, any bigger and I would defo have to move. we will see. I'm a complete design fish, never had training only ever watched tuts on YouTube and you might have noticed I have no idea on the legal side. Defo something I would like to get into though.

Nice work Milli.

I'm no expert but I'll bet £1 to 1p that you have no worries on copyright with those.

I'll commission 2 pls.

1976, my birth year so general stuff

1996, focusing on Brit pop

Don't like the bubble numbers, really like 1969 number

Good enough to print on an a3 canvas without losing quality

Quote me by pm please, mates rates obv  ;)

Think you'll be absolutely fine with them milli.  The ones you saw aren't an original idea, just their approach to it.

I like these, and might like one with an army/stencil font.

Sweeeeet, happy to quote the Boshi in court. ;) Just hoping the print comes out as well as I am expecting else I will be having to learn illustrator.. Fingers crossed.

I made a canvas for Lyndsey using text, and as long as you do it big enough in Photoshop then the quality is absolutely fine.