Author Topic: Copyright Queries  (Read 3757 times)

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Offline Retropin

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Re: Copyright Queries
« Reply #15 on: December 01, 2009, 09:38:31 PM »
There is also the "after market" clause.
This states that if a product is past its production run and is no longer produced you have every right to produce it.
This is how classic cars are restored - funnily enough there are not lots of parts sitting in warehouses so people can fix their cars 40 years after they were produced.
Now if you were to sell this item then your wording on its sale has to be very precise and would be for personal restoration only.
This clause also ties in with the proving a loss of income by someone else selling a part.
So... in theory cos it HAS NEVER BEEN TESTED... i can LEGALLY make a backglass for DOODLE BUG as it is no longer produced by the original party and is pre 1985 when automatic copyright came into play.
The ORIGINAL artist may want  some kickback if they found out, but they may have signed all rights away...and if rights owners no longer produce then.....

It is a HUGE grey area as no one has ever gone the distance to legally play it out... there have been many C&D's sent out, very little action, and i see artwork produced by MANY people that they could never have been given permission for...