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Re: Knock-off legalities?



Joy Hardie's cat walked across a keyboard and came up with this:
> I think if you copy something for mass production re-sale you have to
> change or modify it by 30% to make it legal (from what I recall in my
> baby swimwear production days).
>      But, if you are just making something for yourself can you copy
> something you have seen from a major designer to the best of your
> ability?

based on my copy right studies, this is not illegal.  It' done all the
time... bridese bring in photos torn from magazine to dressmakers every day.

Look around you... walmart knocks off Penney's who knocks off couture. No
prosectution going on there.  It's up to the holder of the copyright to
prosecute.
>
>      What are the legalities of taking pictures in the dressing room?


 Dunno. You'd have to ask. People do it at bridal salons all the time
>
>
> Something is terribly wrong with me and I must get that dress!
> But, in a legally approved seamstress sort of a way.
> So, in copying ready-made garments, what's legal and what's not?
> Joy

what's not legal is to sell someone else design without their permission
and claim it as your own.  Also, from my studies in this area... the 30%
rule, or 10% rule or what ever you want to call it, is  myth.  You have to
remember this: it's not the clothing design that can be copy righted, or
even the patterns , which are considered tools by the courts.Clothing
concepts are nothing new, they've been around for thousands of years.  It's
the artwork, the illustrations,  a unique design embellishment or closure
concept, a logo or other unique identifying feature that can be trademarked
or copyrighted, or in some cases patented.

Bottom line, is, I wouldn't have any qualms about knocking off the dress.
However, if you resell it as a Joy Hardie Original, I think that's where it
starts to get sticky.

my 2 ¢ as usual

Penny S






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