Justahelper Posted November 6, 2006 Report Share Posted November 6, 2006 Well, here goes. I know this is a sensitive subject, as it should be. We are trying to design a logo for our business. Obviously it will be used on business cards, brochures, labels, web site & probably even stitched into each quilt. I have seen a few pantos, stencils, etc that are similar but not exactly what we are looking for as a graphic part of the logo. I don't want to violate copyright, but there are some of these designs I've seen that I might like to base our logo design on. If I take the basic design and make a small addition or deletion or change to it am I violating copyright? How much do I have to change the original design to not be violating the copyright? Thanks for any advice! Justahelper Link to comment Share on other sites More sharing options...
quiltmonkey Posted November 6, 2006 Report Share Posted November 6, 2006 Originally posted by Justahelper If I take the basic design and make a small addition or deletion or change to it am I violating copyright? How much do I have to change the original design to not be violating the copyright? Hi, Helper! I recently read a book that discussed copyright, and from what I understand, the author explained that even making a small change, addition or deletion (while keeping the basic design intact) is definitely violating copyright. There is a fine line with this whole copyright issue. If you want to use this specific design with your modification, I would suggest that you contact the originator of the design and ask for permission. That's always the safest way to handle it. Good luck! Shana Link to comment Share on other sites More sharing options...
AnuGram Posted November 6, 2006 Report Share Posted November 6, 2006 I work at an intellectual property law firm so here is the answer from one of my attorneys who is versed in copyright law: It actually could be both trademark and copyright. If the other party is using the design as a trademark (brand identification - like the Nike swish), then whether you have an infringement by using it for your own mark follows the "likelihood of confusion test." The test considers the goods and services of both groups, how the marks are used in the trade, the price points, fame (if any), geography, etc. It is not uncommon for unrelated companies to have the same mark. Intent is generally not relevant. On the copyright side, if the design is highly stylized, you may have copyright infringement even with modification. Modifications (derivative works) which are based on someone else's design can be infringing if they look "substantially similar." Hope this helps. Sara Link to comment Share on other sites More sharing options...
Justahelper Posted November 7, 2006 Author Report Share Posted November 7, 2006 Thanks to both of you for your feedback. I think once I get a design I like, if it is close to one of those I've seen I'll try to find out who the designer is and contact them. Of course, if I can't find out who the designer is I could just go ahead and use it and wait until the lawyers contact me. LOL Link to comment Share on other sites More sharing options...
CathieD Posted November 7, 2006 Report Share Posted November 7, 2006 You might want to check out www.doverpublications.com which is a website that sells copyright free clip art, graphics and designs. The combination book/CD-ROM's are very reasonably priced and I use the designs as a jumping off point. Just a thought unless you'd rather wait for that phone call from the attorney...... Cathie Link to comment Share on other sites More sharing options...
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