Forum: 3D Modeling


Subject: 'Copyrighted', or 'How to avoid legal entanglement'......

KingHeroical opened this issue on Sep 03, 2003 ยท 8 posts


peejay posted Wed, 03 September 2003 at 4:33 PM

In the UK you would be infringing both the trading name (assuming it was patented) and the copyright of the design itself (whether or not it was copyrighted). A unique design is automatically the copyright of the designer until 50 years after her/his death. (commonly known as Hogarth's law) If the owner of the copyright can demonstrate that what you have done is their unique design - not just a clock, but their clock - (and from what you said, they could), then you are in breach of their copyright. Now whether or not they could or would do anything about it is another story. That would depend on their attitude, and what the design was worth commercially. So your clockmaker, if still alive, might well be delighted you are showing off his or her design. On the other hand I would seriously advise against trying to sell Star Wars or Star Trek stuff! A trading name (and logo) can be, and usually is, patented to prevent rivals from stealing a merchant's goodwill, reputation and market share etc. Any unauthorised use of another person's patented trading name would be a breach of their rights. Think about it. Would your Posche be as saleable if it wasn't a Porsche? I don't think so. Therefore you are potentially benefiting from somebody elses design, marketing, hard work... and they are quite rightly entitled to a slice of the action if you do. The simple rule is, as Bikermouse says - ask first. Or, to put it another way - how would you feel if someone did it to you?