copyright

[bwink]

I do a lot of patches. People send me pictures of designs they want. How can I tell if it is copyrighted if the circled c logo isn't on the design?
bwink

[signman]

If it's a picture from a magazine, it's copyrighted...because the FULL contents of magazines, etc. is copyrighted as a whole.
The ™, ®, or © do NOT have to be on an image to be copyrighted. Some customers may THINK they have to put it on everything (like a Century 21 agent getting a jacket) but it is not required. In most cases, as rule of thumb-if the 'dingbat' would be so small so that it is unrecognizable, you don't have to use it. But it is STILL copyrighted.
'Designs' can be copyrighted-like CareBears, Calvin & Hobbs, Mickey Mouse (and EVERY SINGLE DISNEY CHARACTER YOU CAN NAME) you can bet they do not have the rights to use it.
But for the most part, someone that 'owns' a franchise has permission to 'outsource' for their imprinted goods, employees can wear the logo on jackets, they can sponsor teeball teams with the logo, stuff like that. Ford, Chrysler, etc.-you can do all the work you want for the franchise and employees OF the franchise, but you shouldn't do it for someone to 'sell' (Ford) hats or shirts at a flea market.

[TinaK]

With copyrights I believe it can be a sticky situation so I have started having them sign a release form.

[Oregonian1a]

As a practical matter, if any sensible person could not have reasonably known that they did not have permission to use the artwork by the copyright owner, then the most likely consequence of using it would be to receive a letter asking you to cease using it.

Also, if the copyright owner learns, or reasonably should have known that somebody is violating their copyright, they must take immediate action to enforce it. If they don't then it is increasingly difficult to enforce the copyright as time goes on.

[Dave]

Does anyone know about the rules for military/unit logo's and designs? I'm under the impression that they are considered open source, but I'm not positive and I haven't' been able to find out for sure what their status is as far as usage by a DoD enlistee.

Thanks, Dave

[KGM]

Hi there, we are retired military and this is where you check on those copyrights etc.
I also copied and pasted some of the FAQs they had on their site which might answer some of it. [img]smile.gif[/img] Jill

http://www.tioh.hqda.pentagon.mil/
FAQs
ARE SERVICE SEALS PUBLIC DOMAIN?



Graphic images and guidance on their use is available at: http://www.defenselink.mil/faq/pis/sealuse.html



HOW DO I OBTAIN PERMISSION TO USE A SERVICE SEAL FOR COMMERCIAL PURPOSES?



Those wishing to use service seals (Army, Marine Corps, Navy, Air Force Coast Guard and Department of Defense) for commercial purposes should contact the appropriate office listed at http://www.defenselink.mil/faq/pis/sealuse.html



HOW DO I OBTAIN PERMISSION TO USE A UNIT INSIGNIA?



The Institute of Heraldry does not grant permission to use an individual unit insignia or maintain a roster of names of unit commanders. The unit’s commander is responsible for granting permission to use unit insignia for commercial purposes.



CAN I USE IMAGES FROM THE INSTITUTE OF HERALDRY WEBSITE?



Yes, images can be used for official, non-commercial purposes. If you are planning to link images to another website, please contact [email protected] for permission.



HOW CAN I WORK AT THE INSTITUTE OF HERALDRY?



The Institute of Heraldry is located at Ft. Belvoir, Virginia. Its small staff of Department of Army civilians is made up of research analysts, illustrators, industrial specialists, a quality assurance specialist and an administrative assistant as well as several supervisory positions. All job announcements for TIOH are posted on the Army’s civilian recruiting website at www.cpol.army.mil. In addition to qualifications listed, successful employees will have a strong drive to produce the highest quality products and services for the military and other federal agencies, a commitment to customer satisfaction, a team player and the ability to think creatively.

[Ballyhoo]

Tina, has your release form been reviewed by an attorney? Or does anyone else have a form that has been reviewed? If so, can it be posted in the forms section so that we can all use it? Thanks.

David Sklar
Ballyhoo!
Arlington, VA

[levelbest]

Originally posted by Ballyhoo:
Tina, has your release form been reviewed by an attorney? Or does anyone else have a form that has been reviewed? If so, can it be posted in the forms section so that we can all use it? Thanks.

David Sklar
Ballyhoo!
Arlington, VA

While using someone else's release may be a good starting point - it's always good to have your own attorney review any disclaimer/release/forms you use for applicability in your own situation/state/locality.

Ok, that gets my generic seek your own legal council advice out of the way.

[Ballyhoo]

Exactly! I am looking for a good starting point! I have a patent/trademark attorney that would be happy to review a document as a favor but will not take the time to draft one without charge.