Re: Knock-off legalities?

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"Penny S" <[EMAIL PROTECTED]> writes:

> what's not legal is to sell someone else design without their
> permission and claim it as your own.

[IANAL] The claiming as your own is plagiarism. This isn't really
covered by copyright (unless your design is a wholesale reproduction
- -- i.e. a photocopy).

For example, if I read some story and then write my own with the same
basic plot-line, any University would (rightly) consider this
plagiarism. It's not, however, a copyright infringement.

> 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.

Patterns do have copyrights; you can't photocopy one and re-sell it
(for example). You could, however, design your own pattern based on
the look of something and get your very own copyright on
that. (Somewhat analogous: if you "reverse engineer" a song
[i.e. listen to it and work out what the notes are] and then play it
yourself, you have a copyright on your performance of it...although
this is special-cased in Canadian copyright legislation.)

> 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.

Yes, that would be trademark infringement and/or fraud (presuming Joy
Hardie is a trademark ;)...

Cheers,

- -- 
mike [at] mike [dash] warren.com
<URL:http://www.mike-warren.com>
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