Copywrite Infringement ?

[schramm]

I don't disagree with you schramm and my daughter is an attorney also so I am not speaking in the dark.

He is going to have to make a decision. If it were me I would not have copied those logo's they way he did it and tried to sell them on a mass market basis.

I Positively agree!

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on a separate note:

Just to explain one thing that I do know... if your intention is to make 1 or even 2 of something (say one for you and one for sale) most companies will give you the ok in writing. However if your intent is to make a living selling to the masses you are going to loose. Anytime that ticket sales get over $1000 it can actually become a felony and is no longer civil. Company owned artwork whether it be copyright, branding or a trademark is still the sole property of that company. Taking part of it is NO different then taking it all.

One other thing... I love doing branded items for my office. Even when I am doing them for ME I still make a simple call, write a letter, email the company or whatever asking for written approval via US mail or Email (IP address holds up in court). Most companies love to see what you do with there logo, slogans and so on. However even with this permission you have no rights to start mass producing them or making them for sale.

Here is a really good example of what I am saying...
Last year a motorcycle shop hired a screenprinting company to make 100 FOX motorcycle shirts made in various sizes, so they did. The company sold FOX apparel already so the screen printer saw nothing wrong with it. He delivered the shirts to the company and the following week FOX came into the shop to check on stock and saw the shirts. They asked who made these and the shop owner told them. FOX dropped the license agreement with the shop and sued both the shop and the screen printer and they WON!mega:

Fox Motorsports carries a TM on the fox. A simple call would of saved them $1000's!

 

[G-Artist]

I am in the process of doing a mirror that I am going to reproduce from a 1878 print. The company is still in business and I emailed them to get permission in writing to use there name on my mirror(s).

That's commendable but unecessary. The copyright (if any) has expired and you don't need anyone's permission. In 1878 the copyright term was 28 years with 14-year renewal. So, assuming all that was done the copyright ran out in 1920.

While in 1878 there were no copyrights, ..

Are you kidding us?

The first copyright law was signed by President George Washington while appearing in The Columbian Centinel of July 17, 1790.

Abstract:

An Act for the Encouragement of Learning, by securing the Copies of Maps, Charts and Books, to the Authors and Proprietors of such Copies, during the Times therein mentioned.

This was the first Copyright Act to protect books, maps and other original materials. Rights were granted only to citizens of the United States, a policy which continued until 1891. Passage was due mainly to Noah Webster who worked unceasingly on its behalf.

From May of 1790 when Congress passed the first-ever copyright law and signed shortly thereafter by George Washington there has always been a copyright law in effect in the USA.

Back then there HAD to be a formal registration. No such thing as automatic registration. If memory serves correctly, not only was registration necessary but a copyright notice was required on all pieces published. So, even if the work was registered, if the copy failed to have a copyright notice attached/affixed, it was fair game to copy with impunity back then.

 

[schramm]

Very impressive I did not know copyright was that old! I always play the better safe then sorry rutean. It costs nothing to ask...