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for the big boss of this place


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Turns out we have a member here who is also a member on a board i was referred to by a buddy. The other site has a ton of information on this kind of thing and maybe he will come in and help us get this done.

Im sure he will have much to say about why it can or cant be done, and why im wrong :dance:

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Turns out we have a member here who is also a member on a board i was referred to by a buddy. The other site has a ton of information on this kind of thing and maybe he will come in and help us get this done.

Im sure he will have much to say about why it can or cant be done, and why im wrong :dance:

If DM or anyone else wants to discuss this with an actual IP attorney, I'm happy to contribute my services pro bono. My contact info can be found at sonnabendlaw.com.

- Jeff

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Actually, well....you read it.

http://www.scribd.com/doc/8577139/LSU-v-Smack

how does he get around it?

http://www.smackapparel.com/product_info.p...products_id=785

disclaimers. (which you should have anyway).

The question im posing isnt if its worth it or not for the owners. Thats up to them. Im just making things clear that you can still produce items RELATED to a trademarked team or logo or whatever. What njdevs.com is.

From a pure legal perspective this argument doesn't hold....and doesn't set precedent.

The situations are not exactly similar.

First of all it incorporates a shirt that does not utilize either the colors of the red Sox nor any logo or symbols.

Secondly, the case referenced features an academic institution related sports team - not a company-owned sports franchise that is affiliated with the NHL.

Its asking for trouble.

Lastly, no offense, but if you are offended by the bolded type I used, your gonna get a lot more blunt and fiery repsonses from 90 percent of the other posters here. LTry to lighten up - its not personal!

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Oh dude don't get me started on copyright laws. The whole way copyright laws are right now needs to be changed. They completely destroy the ability for anyone to be creative or improve upon something already existing for profit, or not for profit.

I totally disagree.

Well,......nless your saying that they aren't strict or enforced enough.

If anything they don't enforce enough, hence fewer and fewer people are creating anything actually NEW.

From a media standpoint, he advent of technology and things like YOUTUBE, LIMEWIRE have made more amateurs and less true artists who have studied their craft.

Plus the idea of the general public that all content should be "free" and its only stealing if you get caught.

True artists can create rather than just "tweak" an idea.

Let me try to walk into a subway and make my own sandwich and walk out the door - how long will that last?

Sorry for the rant guys, but as someone who makes a living off creativity it really pisses me off.

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I totally disagree.

Well,......nless your saying that they aren't strict or enforced enough.

If anything they don't enforce enough, hence fewer and fewer people are creating anything actually NEW.

From a media standpoint, he advent of technology and things like YOUTUBE, LIMEWIRE have made more amateurs and less true artists who have studied their craft.

Plus the idea of the general public that all content should be "free" and its only stealing if you get caught.

True artists can create rather than just "tweak" an idea.

Let me try to walk into a subway and make my own sandwich and walk out the door - how long will that last?

Sorry for the rant guys, but as someone who makes a living off creativity it really pisses me off.

Just how long should something stay copyrighted for because right now the corporations and businesses which like own every fvcking copyright in the USA have virtually indefinite copyrights. They are getting extended time and time again to match the life of the business. How long should they reasonably be allowed to make a profit off of something before someone else is allowed to improve upon it?

What copyright law currently does is two-fold

1 - It prevents a corporation from improving on an already existing product. Why put time, money, and effort into improving something you still make money off of?

2 - It prevents people from legally changing or altering something into something better and making it available for people to use.

It is extremely tough for the average individual with an idea and limited income to obtain a copyright. If by chance they do get the copyright for the idea they had they wind up getting stomped by corporations when it comes to advertising when they buy 100x more airtime to advertise thier product as well as denigrate the individuals copyrighted product.

Copyright laws right now favor the corporation when they should show parity and be equal. Copyright laws need to change so that everything is even across the board.

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Just how long should something stay copyrighted for because right now the corporations and businesses which like own every fvcking copyright in the USA have virtually indefinite copyrights. They are getting extended time and time again to match the life of the business. How long should they reasonably be allowed to make a profit off of something before someone else is allowed to improve upon it?

What copyright law currently does is two-fold

1 - It prevents a corporation from improving on an already existing product. Why put time, money, and effort into improving something you still make money off of?

2 - It prevents people from legally changing or altering something into something better and making it available for people to use.

It is extremely tough for the average individual with an idea and limited income to obtain a copyright. If by chance they do get the copyright for the idea they had they wind up getting stomped by corporations when it comes to advertising when they buy 100x more airtime to advertise thier product as well as denigrate the individuals copyrighted product.

Copyright laws right now favor the corporation when they should show parity and be equal. Copyright laws need to change so that everything is even across the board.

You are looking at an issue from only one angle here.

Lets get something straight.

Are we talking about copyright, trademarks, or patents?

You totally have the idea twisted.

The original intention of Copyright is based in the British law the Statute of Anne; the goal of which being to promote growth, creativity, and culture by allowing people to benefit from their own creations.

Sure the Sonny Bono Act extended term another 20 years, but thats not all that much. For example a copyrighted song lasts for: Life of the Author + 95 years (hence allowing his/her children to benefit).

Copyrights are easy to obtain, just fill out the requisite forms at the Library of Congress Website, cost is less than $100.00. Your trying to paint the "evil corporate model" and it simply just isn't true. IF I write a new book or song tomorrow, and register my work, no one bullies me out of the copyright. Also copyright have NEVER been indefinite, term has always been less than 100 years until recently.

It sounds like your angle is more of taking a prexisting product and trying to either improve or upgrade upon it. Hence it violates the issue with "derivative" use..... (most of which falls under patents or trademarks). Thats precisiely why these laws were invented, why invest into the development of something if there is no profit to be made. If you have an original idea you can utilize it.

The solution: Come up with an entirely original idea. Like those before you.

I like the value our laws shoe for creative originality. It separates those who can wholly create from those whose steal and call it "creation" (i.e. hip-hop, rap).

Again, if anything, these laws should be even more strictly enforced.

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