# copy right??



## avril151 (Jun 19, 2009)

my daughter wanted me to make her a vest with "chanel" or "gucci" on the front...if im making it for her..am i doing anything illegal?

thanks


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## splathead (Dec 4, 2005)

Of course you are. It goes by any number of names; counterfeiting, infringement, theft, felony, etc.

Go buy her a real one. It will be cheaper for you in the long run.


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## avril151 (Jun 19, 2009)

i just thought as it was for my daughter and i wasnt trying to sell it as a chanel or whatever...it would be ok....


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## splathead (Dec 4, 2005)

No more OK than if I was to steal one of your designs and use it on a shirt for my children. It's just for my children. 

Not trying to give you a hard time, it's just important to know counterfeiting does not depend on the number. Whether you do 1 or 1,000, it's still a crime.


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## 23spiderman (Jun 26, 2008)

avril151 said:


> my daughter wanted me to make her a vest with "chanel" or "gucci" on the front...if im making it for her..am i doing anything illegal?
> 
> thanks


doing something for your daughter is no big deal. just don't sell it.


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## avril151 (Jun 19, 2009)

thanks everyone..i will take it all on board.

last thing i wanna do is upset anyone..


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## Fingerpainter (Feb 16, 2009)

I personally think it's a big gray area. If I created a shirt that says, "Lakers 2009 World Champions" in plain text font, is that considered infringement? Most likely not. Now if I use purple and gold lettering is that infringement? Closer but I would still say probably not. I'm not sure if there is any difference as far as what Avril wants to do and lets say some Green Bay Packer fan with a fingerpainted 'G' on his shirt. Yes there will be quality issues as far as looks but unless she is using the official font and letter style of Gucci it may(and I'm no lawyer) fall under fair use(Here is a quick intro into Fair Use http://www.publaw.com/fairusetrade.html) . What if she put into fine(and I do mean super fine print just like the big companies do) "Fan of" just above the word "Gucci"? Like I said it's very gray. Another interesting question(not to high jack the thread) is what if someone's name was Gucci or Chanel do they not have the right to put that on their shirt? My name happens to be M Jordan(not Michael though ), can I not put that on a basketball shirt or even sell it as such or does the "real" MJ have all the rights to that name from now to eternity?


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## Comin'OutSwingin (Oct 28, 2005)

Fair use does not apply here.

She wants to make a product similar to the product that's on the market. Fair use doesn't allow for you to re-create a product for yourself.

Fair use is normally reserved for written works, not actually duplicating a product.

Also be aware that fair use is a "defense" of infringement. Which means that if invoked, you've already relented to the fact that you've infringed, now you want to use this as your defense of the infringement.

This is sound advice regarding fair use from the U.S. Copyright Office's website:



U.S. Copyright Office said:


> The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.
> When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.


U.S. Copyright Office - Fair Use


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## sjidohair (Apr 9, 2008)

I just wanted to post a reminder to all about copyright , stuff,, with Michael jacksons death and farrahs i have turned away more work for stuff related to both, I will not touch it with a ten foot pole, as it is my understanding how you use his name, or glove or hat, ect,, it is not legal.
I have also been contacted by a transfer co over seas, that are selling the items,, 
To my understanding it is not legal.
Just a thought to be aware.
Sandy Jo


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## avril151 (Jun 19, 2009)

at the time of mr jacksons death...there was a music festival going in here in britain, and the papers reported that within a few hours of his death being announced..there was a few stalls selling t-shirts printed with micheals name date of birth and date of death on them....the papers reported that boxes full of these t-shirts were selling for £15 each...but they didnt say that they had done anything illegal and they didnt say that they will be investigating..etc

as for me making a t-shirt for my daughter..i wouldnt have been wanting to try to replicate the font or style of lettering...

it would have just been something different to butterflies and bodybuilding slogans lol...cos shes doesnt even go to a gym...ha ha


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## Fingerpainter (Feb 16, 2009)

Selling a shirt with someone's name, date of birth and death can in NO way be illegal. If that was the case every and do mean EVERY newspaper and tabloid magazine would be sued out of existence. You cannot copyright/trademark a fact and if you are stating a fact on a shirt more power to you.

On a different note, this is the definition of counterfeiting according to Wikipedia:

A *counterfeit* product is an imitation which infringes upon a production monopoly held by either a state or corporation. Goods are produced with the intent to bypass this monopoly and thus take advantage of the established worth of the previous product. The word _counterfeit_ frequently describes both the forgeries of currency and documents, as well as the imitations of clothing, software, pharmaceuticals, watches, electronics, and company logos and brands. In the case of goods it results in patent infringement or trademark infringement.

Counterfeit - Wikipedia, the free encyclopedia

I would, without second thought, make a T-Shirt(for personal use) that said, "I LOVE NIKE". That is a fact and I'm allowed under law to state facts whether it's on a shirt, on a poster or in a blog, period. I would not, however, put just "NIKE" on a shirt because that can(and will) be _looked upon as counterfeit. In my mind it comes down to one of two things; intent to deceive(which just having GUCCI on a shirt certainly is down that ally) __and stating a fact(I'm a fan of GUCCI). Your milage may vary though...

This thread probably should get moved into the Graphics and design forums and it may get more comments there.
_


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