I have been importing retail gifts from overseas since 2004. A particular item, nylon butterfly decoration, is mass produced abroad by literally 100's of factories. I import them. A US based company is sending threatening letters including copyright infringement claims regarding this item. Numerous businesses selling this product who purchased overseas also have received these letters.
I have spoken with the supplier of this US based company (who is sending out the threats) & the manufacturer states there is no copyright and that the designs are stock from the factory.
First, can an item be copyright protected that isn't original? If no, and this US company files for copyright protection, what are my options? Can I fight it? How?
Second, I only import. I have not had anything reproduced from this US based company. How would I be accountable if the item managed to be granted copyright protection?
Professional copyright knowledgeable answers only please. Sources appreciated.
2007-12-12 02:57:12 · 4 answers · asked by kellygirl 2 in Politics & Government ➔ Law & Ethics
Copyright applies to artistic or written works, not designs of manufactured items. There may be a patent or trade mark or some other unfair copetition claim. The fact that you purchase something from some catalogue will not protect you. Without seeing the item & the complaining letter it is impossible to give you any meaningful advice. Whenever you get such letters you should take them to an intellectual property attorney with whom you can discuss all the facts.
2007-12-12 03:07:14 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Dear Ill suggest you to visit my website www.pglrs.com for getting first hand information about copyrights. To my humble understanding of copyright law "nylon butterfly decoration" doesn't appear to be work which could have been granted copyright by the copyright office in USA. However I would request you to send me the work along with the letter from the alleged copyright owner/author who has claimed copyright infringement. Copyright and trademark laws are different with respect to territorial enforcements and protection. Therefore without taking into account all the features of the claim any advice or answer I am afraid could be inaccurate.
2007-12-12 16:03:44 · answer #2 · answered by Syed Mujib 3 · 0⤊ 0⤋
Nothing in art is ever "truly" original. Everything builds on all the artistic designs the creator has ever seen in his life.
Whether a creative piece is *sufficiently* original to justify its being entitled to copyright protection, or whether it is a "derivative work" that violates the copyright of the piece it is derived from is, unfortunately, wholly a judgment call for the tryer of fact if the question goes to court.
If the US company owns the copyright to a nylon butterfly decoration similar to the ones that you import, and produced them first, then they have grounds to bring an action against you for breach of copyright. Whether that action would then succeed depends entirely on the judgment of the court.
As the importer you are accountable in US law for any breaches of copyright in items you import. If you weren't, who would be? US law cannot reach a manufacturer in a foreign country who is subject only to the laws of his own country.
Richard
2007-12-12 11:11:27 · answer #3 · answered by rickinnocal 7 · 0⤊ 0⤋
That is really not enough information to answer your question outright but there is a way you can search the copyright data base to see if this item is copyrighted. Your best bet is to talk to an attorney if this item is actually profitable for you.
Here is the link to search copyright data bases:
http://www.copyright.gov/records/
2007-12-12 11:11:39 · answer #4 · answered by Thomas B 3 · 0⤊ 0⤋