Re: FLASH: Copyrights

[Roger Heath]

msg status: reply from

heathrleeheath [dot] com

 (Roger Heath) 

    author: by John Croteau <

croteauerols [dot] com

> 

  composed: Tue, 28 Sep 1999 14:15:25 -0400 it was stated:


>Hi M,

>

>> My understanding is that the new image must be different by 40 % from the

>> item you are resembling. Let's say it's Mickey. It needs to look 40%

>> different from his  published character.

>

>To have copyright for an image or text the work must be original. How

>original? There is no defined percent of similarity that is set in law

>to determine if something is original. Anything modified from something

>copyrighted is called derivative and you would have joint copyright on

>that derivative assuming you had permission to do the derivative work.


Having more than 30 patents and been involved in intellectual property

issues for a number of years, I would say you are correct. It must be

completely original. There is no preset standard of 40%, legal or 

otherwise. Any use of any copyrighted material is a potential violation

of rights.


Mickey is also a trademark. Under the Landham Act any resemblance, no

matter how remote, that would be the cause of confusion would be a

potential violation of that Act. 


--

bcnu

              www.rleeheath.com

Roger Heath

heathrleeheath [dot] com

advanced internet services and software technology

advanced concepts in emergency medical technology


------------------------------------------------------------------------

To UNSUBSCRIBE send: unsubscribe flasher in the body of an

email to

list-managerchinwag [dot] com

.  Problems to:

helpchinwag [dot] com

N.B. Email address must be the same as the one you used to subscribe.

For info on digest mode send: info flasher to

list-managerchinwag [dot] com