dyeing copyright pics

Hey All,

I have seen several discs sold online with pics that I would assume are/or potentially are copyrighted pics.

I also have started to design and dye discs with logos from my wife and my favorite band. I was wondering what you knew about the laws on this? If someone came to me and wanted to pay for one would that be against the law?

I want to be a legal as possible as far as what I do when I am dyeing.

Thanks

[Kris with a "K]

never thought of this. Cant be any worse than these guys driving around in there "Donk" Cars with m&m, skittles, browns, corona, disney, and all these other logos painted or vinyl'd on there cars.

[Jason Brown]

oh yeah good point. course hope i don't sound like a holier than thou jerk but none the less want to do whats right.

[Chainz-4-Brainz]

I look at it as free exposure to whatever brand or logo you choose to dye. If I had a logo, and you dyed it on a disc, I wouldn't care. The only problem I could foresee would be if you mass produced many discs with copyrighted images for the sole purpose of making a profit on them, but I'm not even sure that would be an issue if that was the case. My advice: dye whatever you like.

[JeremyRogers]

its all good, you would probably only be in trouble w/ mass production, and if It was Identical

[Jason Brown]

yeah. and i don't expect to make a living off it. but you never know a guy might offer to get you to make one. its like everything else though its an art most anyone can do to a degree.

[Jason Brown]

but seriously come on. aren't you just jonesing for a dave matthews band fire dancer disc. look at my icon isn't she a beauty? ;)

[Mike]

Really, you better know that if the right people feel like taking an issue with you they will. Custm dye discs go for about 1/3 to 1/2 more than a stock disc would w/o a dye on it. Some discs with certain art work, that is probably not that of the person dyeing, sell for ridiculous prices. That can be seen as profiting off of that work because that disc would have never sold for $40 bucks without it on there, right?

I have a friend that dyes discs and he will only do original art. He is a huge Greatful Dead fan (another reason he won't basically steal from them). He has wanted to do some Greatful Dead dyes but will not do it! The Greatful Dead are known to sue for copyright infringement, even in small forms of it. I have seen other Dead dyes but you just better know if they want to, they could come at you. Super Bowl telecast, you could copy the game on a DVD and sell it, but they can sue your a$$.for it.

You can do whatever you want to do. That isn't to say you will not be caught. Kind of like free music downloading and sharing on the web. One person at my University of about 13,000 students had a lawsuit brought on him for illeagal downloading of copyrighted music a few years back. One person out of 13,000! Do you know how many others were doing the same thing and were not targeted.

[Jason Brown]

mike,

good points. it will probably end up being discs just for me and no one else. but i was curious since i see so many different dye jobs out there with pics of movies and etc. didn't know how they do it or what the rules were.

[Patrick Brogdon]

It's definitely illegal, but like amsterdam some people just choose to overlook it. If it becomes lucrative, you know that they'll be looking for residuals.
Jason Brown said:

mike,

good points. it will probably end up being discs just for me and no one else. but i was curious since i see so many different dye jobs out there with pics of movies and etc. didn't know how they do it or what the rules were.

[Patrick Brogdon]

Sorry, I had Copyright law classes in college. Felt like I could actually pitch in here and help

Patrick Brogdon said:

It's definitely illegal, but like amsterdam some people just choose to overlook it. If it becomes lucrative, you know that they'll be looking for residuals.
Jason Brown said:

mike,

good points. it will probably end up being discs just for me and no one else. but i was curious since i see so many different dye jobs out there with pics of movies and etc. didn't know how they do it or what the rules were.

[Cowboy]

"Copyrights" are generally written words and pictures are concidered "Trademarks". In either case if there is a small "TM" (pending), SM (service mark) or the circle R (registered) on the figure. You can not replicate with the entent of using it in commerce. So, let say that you replicated the trademark that I own the rights too and use it to line your pockets. If I were to find out and I concidered you a threat. You would have a Federal Lawsuit against on your lap and owe me big jack!
So how are those dyes? Post some pics

[Red Line Disc Golf]

Being in the business that I am I know a lot about copyright law, and I can tell you that most artist are especially protective of their works and if you intend to make money by publishing some form of their work they will go after you for damages. Best thing is to either come up with original art work, or talk to them before and see if they will grant you use of the art for a percentage of the profits. The following is quoted from the U.S Copyright Office and may help every one understand what is covered and how copyright laws work. I have been ask similar questions before and there are a lot of wrong information out there, hope this helps:

What is copyright?
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.

What does copyright protect?
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.

How is a copyright different from a patent or a trademark?
Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.

Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law.

More information @
http://www.copyright.gov/