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03/03/2009 09:23:37 PM · #1 |
My wife has taken on a new hobby lately- creating bags out of old magazines and things like that. She is not making copies of those or anything, and only using magazines that she has purchased. She is worried about the possibility of copyright infringement though, and we have debated this a bit. Our thoughts are that since she is not making copies of anything, but using the origional pieces printed in magazines, that she could technically sell that copy of a magazine anyway, etc, etc, it should be okay.
These are a couple of examples that I found online-
//www.ecosilly.com/wp-content/plugins/wp-o-matic/cache/45c0d_magazines.jpg
//i3.iofferphoto.com/img/item/326/826/51/a314_1.JPG
What do all of you experts think :)?
Thanks! |
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03/03/2009 09:33:33 PM · #2 |
I'm thinking I've got a stack of old mags to get rid of. want 'em?
OH, you meant the copyright issue. I honestly don't know. |
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03/03/2009 09:40:42 PM · #3 |
| No expert here, but if you described the bags as being "made with recycled materials", it may prevent issues with reselling, and be "green" at the same time. |
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03/03/2009 10:10:51 PM · #4 |
| I uhhh, wouldnt have to sanitize those magazines first, now would I Karmat??? LOL |
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03/03/2009 10:13:53 PM · #5 |
I'm no expert, just stating my opinion.
If she is using an existing magazine and not duplicating it, she has made the purchase of an item that does not carry any restrictions on resale. With that said, I don't think it would be a copyright issue.
Where I think she may run into trouble would be trademark infringement. The selling point for the bags would be the magazine (I think the target market would be more inclined to buy a magazine made with a Cosmo cover than, let say, Popular Mechanics). As such, you are using the magazine's brand to your benefit, and could be considered to be confusing consumers as to who is offering the product.
Again, I'm no expert, just stating my opinion. |
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03/03/2009 10:26:07 PM · #6 |
Wow, good question. Recycled things are made all the time. However, they look like they are benefiting from celebrity images, and magazine identification. If you are going to do this in any kind of a big way, you would be wise to consult an attorney with trademark and copyright experience.
Our advice here may be logical and well thought out. That doesn't mean that the courts are based on logic and well thought out arguments.
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03/03/2009 10:33:35 PM · #7 |
Originally posted by amathiasphoto:
I uhhh, wouldnt have to sanitize those magazines first, now would I Karmat??? LOL |
umm, never know! there are definitely some risque images in Parenting! |
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03/03/2009 10:36:01 PM · #8 |
thanks guys, I am appreciating the responses so far. Karmat, I hope you realise my last comment was really a joke. The images she is using more often than not is actally not the cover of the magazine, and actually, none with celebrities so far. The ones I pointed to I just found on google to show as examples.
we have talked about approaching a copyright attorney, and that may be the avenue that we take- I just wanted to get some general thoughts first, or see if anyone has come across something similar. Anyone else have an opinion :)? |
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