[Jewelry making - Article 00774] - Re: [Orchid] [Again] Copyrights

[James White]

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>         Am putting all of my selected 370 jewellery pictures into a
>     book form for distribution...."Manual of Diamond Setting". This
>     will 

    IF they are all pictures you took of jewelry you created
    independently then there are no possible copyright problems. All
    other situations have copyright issues you MUST be aware of and take
    (or previously have taken) proper action on (e.g., written
    permission). 

>         contain all of my 35 articles plus 8-9 papers, not being
>     "media" released. 

    You'd better KNOW what your agreements were with any previously
    media released articles. Did you sign away all copyright rights? only
    "first publication" rights? all "re-print rights"? Again you MUST
    take the appropriate actions SPECIFIC to each article. 

>     ...I came across one picture that of "Harley-Davidson" tie-tack,
>     set with diamonds. I then immediately refused to use it. Why? Do I
>     need a lawyer knocking at my door? any way that the owner will
>     hear, or see it, will cause me lotsa $$$ grief 

    If you took a legitimately licensed "Harley-Davidson" logo item and
    fancied it up with set diamonds then the odds are that
    Harley-Davidson would rejoice at your including the photo (though, if
    they couldn't recognize the source, they might ask you to document
    it). If you made the logo yourself without a license then you can
    still be "BUSTED" for violating their trademark rights-----and guess
    what, your post (and now mine) make the fact that you were, in fact,
    somehow involved in the use of the "Harley-Davidson" trademark easily
    COMPUTER SEARCHABLE. I'm certain Harley-Davidson either does in-house
    or pays a service to routinely search the internet for user's of
    their trademarks. (Hope you sleep peacefully tonight!) 

>         This was a 'gut' feeling. You must always use this 'gut'
>     feeling if anything like this, is warranted. 

    Guess you didn't get no "gut feeling" when you posted! Too bad.
    KNOWING the law would work a WHOLE LOT BETTER! 

>     When I set a watch bezel, I always print, "its a rolex-styled,
>     watch frame" ( notice the small "r" ). Even a large R will
>     infuriate the copyright owners and their laws,....if its
>     shown..to..the.."public". 

    Actually using a capital R in Rolex would be less stupid than
    thinking you're not violating the trademark by simply substituting a
    small r. Using the small r is an ABSOLUTELY CERTAIN VIOLATION of
    Rolex's trademark rights. Using a capital R would be more borderline
    and if not a for-sure violation it CERTAINLY could be on the WRONG
    SIDE OF ETHICAL depending on how you were using it and what exactly
    you were using it on. I STRONGLY suggest you consult your IP Attorney
    NOW and STOP your practice of (perhaps fraudulently) labeling your
    watch frames! (I for one would also certainly NOT buy from someone
    using sleazball tactics to sell me the "not quite the real thing"
    jewelry.) 

>         Case in point, a web-site made an ethnic-parody of the
>     children's book..."Dick and Jane"..they are now as of last Friday
>     afternoon being sued to the hilt of using this name, without prior
>     consent. 

    I don't know the specifics of the case but it very well might be
    that the parodiers likely will have a bit of expense but will WIN in
    court if the case is allowed to get that far. The body of law that
    permits parody (but, of course, with some exceptions) is large and
    growing all the time. 

>         The web owners, designers, everyone is on the list..so in
>     closing,... "be ultra careful, you don't need the $$$
>     hassle"...."Gerry, the Cyber-Setter!"..hope this email helps you
>     all! 

    I hope my post helps even more! To put my advice succinctly: Know
    the law; use no sleazball tactics; respect trademarks, copyrights,
    and free speech rights; and, if you EVER have the urge to take
    actions "just to stay under the radar" DON'T DO THEM and DON'T do
    whatever it was that you even have a glimmer of thinking you might
    need to "keep under the radar." 

James E. White
Inventor, Marketer, and Author of "Will It Sell? How to Determine If
Your Invention Is Profitably Marketable (Before Wasting Money on a
Patent)"  Info Sites:   www.willitsell.com    www.inventorhome.com,
www.idearights.com www.taletyano.com www.booksforinventors.com

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