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Original poster

Copyright breach?

15 replies

rockybalboa · 01/03/2015 00:23

Right, bear with me here as I don't know much about this area but... An acquaintance (let's call her A) has a Facebook based business selling crafty type stuff of the typography sort. A mutual friend asked A if she could do a cheaper version of a particular personalised print off Not On The High Street. A said yes, sold it for about half the price of the NOTHS one and then added it to her own products for sale list. It is an identical copy. This has to be breach of copyright surely? Would you make that point to A (who presumably knows but doesn't care) or just leave it or tell the NOTHS seller? I don't think my friend has thought it through (or cares) because she was the one who asked A to copy it. I make and sell stuff online and I'd be bloody cross if I knew someone was ripping off my unique designs. Is this where 'cease and desist' letters get sent?

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MrsTawdry · 01/03/2015 01:51

It really depends. It depends on the images used in the original product and the wording. A lot of those type of gifts are very generic and it would be hard to have any rights over them.

If I for instance decide to put the lyrics to a song and a particular copyright free image on a product, nothing is stopping you from doing the same.

SoupDragon · 02/03/2015 11:40

Is it a "unique design" or just some quotes and stuff done in a freely available font though?

Original poster
rockybalboa · 02/03/2015 11:50

It's a load of words personalised to the buyer put into a specific shape to make a design if you see what I mean. So if someone was into sailing for example there would be lots of words about sailing specific to that person all put together into the shape of a boat. So the design of the boat with the way the words were arranged in it would be fairly unique. I'm not explaining this terribly well sorry. And as it's obviously not clear cut I'm inclined to think I should probably keep out.

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SoupDragon · 02/03/2015 12:20

I think Etsy is stuffed full of items like that, not all by the same seller.

MrsTawdry · 02/03/2015 13:31

I agree with Soup. That's something which wouldn't be original at all really. It's like someone seeing a heart shaped cushion with a name appliqued on it...all over the place.

ArtyBat · 02/03/2015 13:52

I think the wording is that you cannot copyright an idea, but you can copyright your own design of that particular idea.

For example, there are many types of hoovers available on the market - that's the idea - but they all have various features particular to the model, making them of individual design.

So if (A) copied the design exactly I would call that copyright infringement, but if the design was taken and changed round, then that's where the lines blur, in that how much like the original design is it?

As for (A) adding it to her own list of products, then that just tells me she is lazy and untrustworthy.....and very unoriginal. I certainly wouldn't be buying anything from her.

Original poster
rockybalboa · 02/03/2015 13:58

Very much like the original. Almost identical in fact. And yes, I agree re A selling it. Lazy, untrustworthy and unoriginal!

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ArtyBat · 02/03/2015 14:12

That's the dividing word right there.... Almost . So you yourself can see a difference, no matter how slight it is.
Therefore, without a lot of time and money to take people like these to court to prove infringement, it is difficult to do anything.

ZingNinjaRoll · 02/03/2015 17:02

marking place as no time to read

BeeBawBabbity · 02/03/2015 19:28

It sounds to me like there would be copyright infringement. Any created original image automatically has copyright, it doesn't have to pass a test - i.e. It doesn't matter if there's lots of similar, but not exactly the same, stuff available. If the copier copied it exactly without adding anything creative of their own, then that would be infringing. This is unlikely to cause an issue if it's just someone doing it for themselves, but selling it for profit could be dodgy.

A Hoover would be probably be protected by patents, which need to pass a test of novelty and inventiveness.

Designs are a separate thing again, usually protecting the shape or aesthetics of an item, rather than features relating to how it works. No test to pass for this.

LatteLady · 03/03/2015 18:30

If it is an exact copy then it is copyright theft. If it is similar but with obvious marked changes then it is not. Friend A needs to be careful as this sort of ripping off is not well received.

BTW Hoover is a brand and their lawyers would be suitably litigious if you referred to your vacuum cleaner as a Hoover!

BeeBawBabbity · 04/03/2015 15:01

I think Hoover (TM-just in case!) have actually lost the right to protect the word, in the uk at least. It's become too commonly used as a verb.

Tobyjugg · 04/03/2015 22:39

If it's the NOTHS product I think it is, then the purchaser chooses the words, the designer makes them into a pretty pattern abd chooses the fonts to be used (to put it crudely). If so, then provided one of their designs isn't copied exactly, I'D SAY you are probably all right so far as copyright goes.

Tobyjugg · 04/03/2015 22:40

The bit in caps is because I hit the CAPS LOCK key. It's not significant.

Original poster
rockybalboa · 04/03/2015 23:17

The NOTHS seller has a name which is a bit like Alibaba but isn't...

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