Copyright law resources

FutureGuy

Hi all,
Can anyone point me in the direction of some resources detailing copyright law please? I'm particularly interest in parody and fair use as it applies to designs on clothing (gaming and sports).

I look at etsy and t-shirt of the day type sellers and it is wall-to-wall copyright infringement as far as I can tell, so I want to understand how people are getting away with it.

Axwell

In most cases these websites dont have the manpower to track down the copyright infringement and only become aware of it when another seller reports it. It is still completely illegal but people will plead ignorance and sell until they get caught or have their products taken down or their stores deactivated.

jimmii

Outside of Warner brothers these companies don't seem to be bothered trying to take it on. A lot of hours needed to get hold of the sellers and interact with them I'd imagine. A.G. Barr protect the Irn Bru brand strongly too thats why you mostly see Iron Brew used.

FutureGuy

Axwell wrote: »

In most cases these websites dont have the manpower to track down the copyright infringement and only become aware of it when another seller reports it. It is still completely illegal but people will plead ignorance and sell until they get caught or have their products taken down or their stores deactivated.

Thanks Axwell, doesn't sound like something that a brand can be built around.

I know the shirt companies I mentioned will pull any design that gets complained but appear to just go ahead with user submitted designs.

Take a mutual interest.

https://www.etsy.com/ie/search?q=aguero

Nothing but Aguero imagery, use of name, face, club crest. I guess it's a case of strength in numbers - can't get them all.

Axwell

It will depend a lot on the platform too - a tshirt website is usually print on demand so it's your image but their t-shirts etc so they are more aware of what is up there or see it being purchased - something like etsy is a marketplace, your product, they just host it for you so they aren't responsible for the final product and are less likely to take it down unless it's reported by someone else due to the manpower issues I mentioned above.

Definitely difficult to build a brand if you plan to reference pop culture, gaming etc. the only real way to do it is build your own brand but obviously then there is no fanbase etc. Any resememblance will get you in hot water too in terms of paroody which you mention so between copyright and trademarks its just a minefield you dont want to get into.

mneylon

Under US law the concept of "fair use" is well established and reasonably protected, so you can get away with quite a bit.

ironclaw

mneylon wrote: »

Under US law the concept of "fair use" is well established and reasonably protected, so you can get away with quite a bit.

Came here to kinda say this, copyright is only worth pursuing if you can achieve a decent outcome. For the majority of companies, it's not worth the time to pursue someone flogging a few t-shirts on Esty. Even more if they are outside the country you are set up in. Running a medium-sized business? Ok, they might take an interest.

It's like Moore St in Dublin, a few dodgy jerseys and razors getting flogged isn't going to attract much attention, it's different if you make it a serious business.

joeguevara

This is a decent article on the issue. https://lizerbramlaw.com/2019/03/06/fair-use-or-not-parody-vs-satire-in-copyright-law/

Real life example of using parody to circumnavigate copyright law was when a comedian opened up a parody Starbucks branch. https://www.theguardian.com/world/2014/feb/10/dumb-starbucks-parody-coffee-store