Need Help Please...

[QualeT Graphics 3]

I made up a decal for a guy to sell on Ebay. The sticker says Try and take it! It also has an AK47 above the saying. I noticed another website has a sticker along the same lines but says Come and Take It! Also with an AK47 above the saying.

ShouldmI be worried about copyright? It does not say the same thing....

[jaybyrd 3,770]

Right now there are literally thousands of similar designs along those lines and it would be nearly impossible to prove copyright since they all sprang up at about the same time. The exception would be if someone actually filed the necessary paperwork to back up their claim.

[QualeT Graphics 3]

Thank you Jay....

[jaybyrd 3,770]

There's been tons of discussions about copyright on here lately and what I figured is that 99.999% of people couldn't afford a lawyer to pursue even if they were in the right. If you know it's wrong don't touch it, if unsure most likely worst that would happed is a cease and desist order.

Remember I am not a lawyer nor do I play 1 on the internet so take what I say with a grain of salt.

[OWJones 1,981]

Copyright is such that you can't copyright an idea, only the physical manifestation of the idea - a picture, an audio recording, a drawing, etc.

 

You can't copyright the idea of a decal with an AK-47 and a particular phrase.  You can pick a specific AK-47, a specific font and a specific phrase and put them together in a specific way and no one else can use that particular combination of specifics, but if you change the layout of the type or significantly change the type style or layout, then you're no longer violating copyright.  Now, that won't stop a jacka$$ with too much time on his hands from filing complaints with ebay, etsy, etc., and they might find a lawyer stupid enough to be willing to sue, so even if you're legally in the clear, they can still cause all sorts of headaches for you.

 

The exception to this rule is when a specific phrases is trademarked, so "Finger Lickin' Good" or "I'm Lovin' It" or "Let's get ready to rumble!" are trademarked phrases and no matter how much you change the type style, you can't use those except under very limited uses such as parody, or other fair use situations - but those are defenses that you can raise only after the holder of the trademarked property has already started legal proceedings, so it's best to stay away from trademarks all together.

[slice&dice 2,451]

"I'll give you my gun when you pry it from my cold, dead hands"

 

In 2005, the phrase was parodied by The Onion in their "300th Anniversary" issue dated June 22, 2056. A small item on the page claimed: "Grave robbers pry valuable rifle from Charlton Heston's cold, dead hands."

[jaybyrd 3,770]

Lawyers will sue anybody you want them to, they get paid win or lose.