Ask Experts Questions for FREE Help !
Ask
    butterflydream's Avatar
    butterflydream Posts: 6, Reputation: 1
    New Member
    		  
    #1

    Sep 23, 2008, 09:25 PM
    Copyright Laws
    Would it be an infringement upon Copyright Laws to produce a ceramic casting mold of a ceramic piece that is no longer in production by a company? All masters of this mold have been destroyed as well. Thank You
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #2

    Sep 23, 2008, 09:56 PM

    If it is copyrighted, yes you can not make an exact copy of it.
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
    Ultra Member
    		  
    #3

    Sep 25, 2008, 07:30 AM

    I do not know how the law applies to a ceramic, but I do know that in the publishing world, the fact that the book is out of print and the author is dead does not mean that the copyright is void. It is still owned by the heirs. I'd assume that something similar applies in this case.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Sep 25, 2008, 07:38 AM

    As noted, if a piece is protected by copyright then you can't make an exact copy or clone. You can try and get permission of the copyright holder or purchase the rights.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #5

    Sep 25, 2008, 08:14 AM
    Hello butterfly:

    ScottGem, as usual, is right on. In furtherance of his advice, you say that mold has been destroyed, but it appears that the company who produced the ceramic is still in business, and you know who they are.

    Since they're not producing the product, why don't you offer to buy the rights to it, or offer to pay for a license. That way, if your line is successful, they won't take all your profits away from you in a copyright infringement lawsuit.

    Seems to me that would be the path of least resistance.

    If they DON'T want to do business with you, and you think you can make a lot of money with it, change it to a degree and put it on the market. I'd reserve some profits to defend the anticipated lawsuit.

    If you just want to make it for yourself, nobody is going to stop you.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #6

    Sep 25, 2008, 08:21 AM
    Quote Originally Posted by butterflydream View Post
    Would it be an infringement upon Copyright Laws to produce a ceramic casting mold of a ceramic piece that is no longer in production by a company? All masters of this mold have been destroyed as well. Thank You

    There is a case involving Ebay (I can't find it right now) fairly recently where someone made a replica of a discontinued Mary moo-moo figurine and sold it and was charged with violation of the copyright laws and fraud, even though the listing said something about a replica.

    The person selling the piece claimed she bought it and she's not the one violating the copyright.

    I'll have to see if I can find the case.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

International marriage and divorce laws in regard to american laws [ 3 Answers ]

Dateline: U.S. resident from panama in national guard gets stationed in panama and gets married U.S. resident comes back from panama (without wife cause she does not want to leave her country) U.S. resident becomes a naturalized citizen of U. S. Naturalized U. S. citizen gets american...

How do I copyright? [ 2 Answers ]

I've written two songs that I actually have a beat to and I'm very proud of them but I'd like to get them copyrighted so that maybe I could sing them at contests without worry of them getting stolen considering that one is one I wrote about my boyfriend.

Copyright law [ 1 Answers ]

I was wondering, does anyone know if it costs anything to get something copyrighted? I just recently finished a story, and would like to have it published, but I would like to get it copyrighted.

Copyright Laws [ 1 Answers ]

Hi, I am interested in starting a new business copying VHS and 8mm videos to DVD format. My big question, "Is this Legal" or "Is it a copyright violation"? I plan on destroying the original VHS tape once the format change is complete. I would keep written documentation of all destroyed original...

View more questions Search