For any that toy with copyright

[security802 686]

Here is an article of a business that has been dealt a blow for counterfeit goods. I may have to print it for all the customers that ask why can't you

 

http://bangordailynews.com/2014/06/23/news/bangor/president-of-berg-sportswear-admits-company-illegally-used-logos-without-paying-copyright-fees/

[Cal 393]

Sheesh, sounds like an all around "nice guy".  Job creator, and all...

Cal

[Dakotagrafx 7,297]

we had one in Michigan a couple years ago that got busted for doing sports teams logos. was a huge operation. too bad I retired from the prison I could have asked them about it.

[express2100 154]

WTH is wrong with these idiots?..............oh yeah...drugs. 

 

So many other "legal" ways to make money. 

[banditt2129 25]

Can you make say a monster symbol for yourself? Theres no money trading hands.....yes you're not buying it from the actual company. But say I wanted to change it a bit, add like a diamond plate to the black and green?

[Dakotagrafx 7,297]

Can you make say a monster symbol for yourself? Theres no money trading hands.....yes you're not buying it from the actual company. But say I wanted to change it a bit, add like a diamond plate to the black and green?

no - even if you change it if it is recognizable it is covered - some companies take a much harder line on this and you mentioned one - monster, allstar, harley, dewalt, and several others have no sense of humor on this.

[randalle 50]

grab a cup of coffee, or 4, and read the 'fair use' article on wikipedia.  Good food for thought.

 

and to answer your question, the way I explain it to my customers is the company owns the trademark and it's likeness.  So, changing the trademarked image around isn't fooling anyone.  It's still a blatant rip off, even "the border is different!"  or whatever.

 

In your case, regarding making yourself a monster logo... if you have read that fair use article... you will have the answer.  : )

[Dakotagrafx 7,297]

it all comes down to how much of a PIA they want to be - even if  you are right they can make it cost so much to find out they still win

[jaybyrd 3,770]

It today's litigious society it is not right or wrong but who has the deepest pockets

[eashonk 24]

It today's litigious society it is not right or wrong but who has the deepest pockets

Well, not really, it is WRONG.  Granted, it is rediculous for a company to come after an individual and costing them large sums of $, possibly bankrupting them just to make an example.  However, it is not wrong for them to go after people trying to make $ or even just creating a 1 off shirt for themselves.  I myself am a graphic artist that has had my designs ripped off hundreds of times.  Every day I see stuff I know I designed repurposed for different team, and when I ask who made them, it is never the company that I had worked for at the time (even that bothers me, even though they do own the designs since I worked for them at the time) but it really irks me to see my stuff stepped all over and compromised by lesser "artists" (*who didn't go to school, who flood the market with underwhelming talent in my field, who don't have student loans to pay, and are the sole reason I can't get a design job at a t-shirt company around here for more than $12 an hour.)  So, yes, you wanna be professional artists, it is wrong to take my work and repurpose it for fun or profit, I can't afford to sue you, so please stop.

[jaybyrd 3,770]

My point is if the suer is wrong in their claim they can normally just run you out of money and win by default. I am all for protecting what is yours but many companies have been in the news over the last couple years because they bankrupted little guys who weren't actually doing anything wrong other than pissing off somebody in a legal office.

[BannerJohn 1,324]

seriously read the article. The guy has to pay a $20,000 fine..no jail time. I am sure he made many,many times that in profit,and probably considers it a cost of doing business. He got a slap on the wrist.

 

Now, if it had been you or me doing a few T-shirts, they would take everything we had.

[jaybyrd 3,770]

You have to break enough laws where you have room to negotiate I guess. Break it once and there is no room to negotiate a plea but break it a hundred times and you can negotiate to save them the hassle of trail.

[signyouup 178]

seriously read the article. The guy has to pay a $20,000 fine..no jail time. I am sure he made many,many times that in profit,and probably considers it a cost of doing business. He got a slap on the wrist.

 

Now, if it had been you or me doing a few T-shirts, they would take everything we had.

John, he agreed not to appeal the case if the fine was $20,000 or less.

[BannerJohn 1,324]

John, he agreed not to appeal the case if the fine was $20,000 or less.

I am aware of that

[express2100 154]

I'm sure they will keep the $37k + they found in his home as well. Add that to any amount of fine and that's enough for me to follow the law. Besides the fact that it is immoral.

[darcshadow 1,626]

The fine was from the criminal case, wouldn't the various Corporations that their trademark were violated be able to sue, and since he's already plead guilty I'd think they'd have a pretty easy case.

[Wildgoose 4,200]

I make a few things for myself but never for anyone else. I did quite a bit of research on the fair use thing along with copyright and trademark laws, even going to talk to a very good attorney frined and in the end dakota pegged it best. They don't have to be right they just decide they're going to sue you and then you have to defend yourself. At that point you can use the fair use protection but it's called protection for a reason. Protection from what? A huge A$$ lawsuit that's what.

 

Like I said I make a few shirts or decals for my own use but that comes with a certain amount of risk and then all your buddies are like "hey make me one of those dude!" and you have to explain why you can't even GIVE them one so it's mostly more trouble than it's worth.