This is a topic that was brought up recently in the custom chip group buy thread and it was suggested to bring it outside that thread so we could hammer out some details. This is also something that I personally dealt with when it came to the Scrub Donkey group buy.
The question that is regularly brought up is what can you copy or mimic of others work either artistic work or things like logos and mascots?
I will explain it the same way it was explained to me by a real life lawyer one that works directly with this type of work, and another who works in tax law so take that for what you will.
I was told that entities outside the United States are not bound in anyway by US patents, trademarks, or copyrights unless those specific properties either physical or intellectual are registered in the specific country where they are being produced or copied.
Another caveat that they both made very specific remarks on was profit motive. They both were curious if this was a profitable endeavor. My specific situation was not with the scrub donkey chips. With that information I was told as long as it's for personal not public use recourse legally is very limited in scope for an owner of physical or intellectual property. It's also further limited if this property was delayed in registering for their patent, trademark or copyright. So if someone created something and waits years till someone else has copied their ideas before they decide to register those ideas or art it becomes very murky legally and much more difficult to prove. Not impossible mind you, just difficult.
Now, the other side of that coin. If you plan on selling, massively replicating or anything along those lines any kind of intellectual property you are very much in the wind legally. Those types of activities make it very easy to prove your motivation for copying the materials. It can also be problematic in a situation like with GPI where security is a concern. If they can prove your copied materials pose a threat to their security that is guaranteed to their clients that can for sure put you in a bad spot legally.
The other situation is if you copy or use their materials in a way that ruins the image or reputation of their company in anyway. This is somewhat covered under the above scenarios as well but this one they were more talking about deliberately using their materials in anyway detrimental to their company that could make large or lasting impacts on their brand or ultimately their profitability.
The specific topic that was brought up in the custom group buy was copying the "Boat Chips". I haven't spoken to anyone specifically about those chips but I honestly believe that because of the already messy situation these were produced in it has to make it very difficult to legally fight the replication of those chips. I'm not saying impossible but I think it could open up a whole can of worms for those involved.
I could be completely off base here. Obviously the lawyers I've spoken with one is not in this particular field, and one is but they both had very similar remarks. That and this is just 2 guys in a country full of thousands of lawyers.
For me personally, I wouldn't want to steal someone's art. A parody of it like we did with the SD chips I think is perfectly fine, and ultimately was legally proven to be fine, but we also were in no way trying to monetize it and I think that helped out a lot. I also feel like if there's no malicious intent behind a "tribute" of some type that it's fine.
At the end of the day I feel like the "Boat Chips" grounds in legality are very shaky at best, this is all my personal opinion so don't take it as correct or the gospel. I am curious about what others who have more of a legal or patent background might have to say.
@pltrgyst @Hornet
The question that is regularly brought up is what can you copy or mimic of others work either artistic work or things like logos and mascots?
I will explain it the same way it was explained to me by a real life lawyer one that works directly with this type of work, and another who works in tax law so take that for what you will.
I was told that entities outside the United States are not bound in anyway by US patents, trademarks, or copyrights unless those specific properties either physical or intellectual are registered in the specific country where they are being produced or copied.
Another caveat that they both made very specific remarks on was profit motive. They both were curious if this was a profitable endeavor. My specific situation was not with the scrub donkey chips. With that information I was told as long as it's for personal not public use recourse legally is very limited in scope for an owner of physical or intellectual property. It's also further limited if this property was delayed in registering for their patent, trademark or copyright. So if someone created something and waits years till someone else has copied their ideas before they decide to register those ideas or art it becomes very murky legally and much more difficult to prove. Not impossible mind you, just difficult.
Now, the other side of that coin. If you plan on selling, massively replicating or anything along those lines any kind of intellectual property you are very much in the wind legally. Those types of activities make it very easy to prove your motivation for copying the materials. It can also be problematic in a situation like with GPI where security is a concern. If they can prove your copied materials pose a threat to their security that is guaranteed to their clients that can for sure put you in a bad spot legally.
The other situation is if you copy or use their materials in a way that ruins the image or reputation of their company in anyway. This is somewhat covered under the above scenarios as well but this one they were more talking about deliberately using their materials in anyway detrimental to their company that could make large or lasting impacts on their brand or ultimately their profitability.
The specific topic that was brought up in the custom group buy was copying the "Boat Chips". I haven't spoken to anyone specifically about those chips but I honestly believe that because of the already messy situation these were produced in it has to make it very difficult to legally fight the replication of those chips. I'm not saying impossible but I think it could open up a whole can of worms for those involved.
I could be completely off base here. Obviously the lawyers I've spoken with one is not in this particular field, and one is but they both had very similar remarks. That and this is just 2 guys in a country full of thousands of lawyers.
For me personally, I wouldn't want to steal someone's art. A parody of it like we did with the SD chips I think is perfectly fine, and ultimately was legally proven to be fine, but we also were in no way trying to monetize it and I think that helped out a lot. I also feel like if there's no malicious intent behind a "tribute" of some type that it's fine.
At the end of the day I feel like the "Boat Chips" grounds in legality are very shaky at best, this is all my personal opinion so don't take it as correct or the gospel. I am curious about what others who have more of a legal or patent background might have to say.
@pltrgyst @Hornet