Copyright on eagle? - Warhammer 40K Fantasy
 

Welcome to Librarium Online!

Join our community of 80,000+ members and take part in the number one resource for Warhammer and Warhammer 40K discussion!

Registering gives you full access to take part in discussions, upload pictures, contact other members and search everything!


Register Now!

User Tag List

+ Reply to Thread
Results 1 to 6 of 6
  1. #1
    Junior Member Ozmer's Avatar
    Join Date
    Jul 2007
    Age
    34
    Posts
    13
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)

    Reputation
    1 (x1)

    Copyright on eagle?

    Hey everyone, recently I took an old metal money box I had laying around and painted it with an imperial eagle to use as my paints box. A friend told me I could get in trouble for painting the imperial eagle on it. Now, I have a little knowledge of copyrights and if general rule applies I should be able to use the symbol as long as I don't mass produce and sell it, right?

    I can't find my digital camera, not sure where the heck I left it, but I took a crappy pic with my cellphone to give a better idea of what I am talking about:


    You can do anything you want, as long as you are willing to pay the price

  2. Remove Advertisements
    Librarium-Online.com
    Advertisements
     

  3. #2
    Mau'Dib
    Join Date
    Nov 2006
    Location
    VA, USA
    Posts
    499
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)

    ReputationReputationReputation
    53 (x1)

    I'm fairly sure the eagle is copywritten, however, I'm also fairly sure you'll be fine. (I'll explain)

    So long as you painted the eagle on yourself and aren't going to use it to make money or sell a product or anything like that, then the copywrite on it doesn't really matter at all. It's only there to keep you from making money on it, not really to keep you from painting it on your army case. You should be just fine.
    ~2k of genestealery goodness
    ~1750points of terminator goodness

    Dovie'andi se tovya sagain

    more witty remarks to come.

  4. #3
    The Shadow Knows! Jon Quixote's Avatar
    Join Date
    Feb 2006
    Location
    Dis (geddit?!)
    Age
    34
    Posts
    1,590
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)

    ReputationReputationReputationReputationReputationReputationReputationReputationReputationReputationReputationReputation
    467 (x8)

    Quote - Wiki - "Copyright law covers only the form or manner in which ideas or information have been manifested, the "form of material expression". It is not designed or intended to cover the actual idea, concepts, facts, styles, or techniques which may be embodied in or represented by the copyright work. For example, the copyright which subsists in relation to a Mickey Mouse cartoon prohibits unauthorized parties from distributing copies of the cartoon or creating derivative works which copy or mimic Disney's particular anthropomorphic mouse, but does not prohibit the creation of artistic works about anthropomorphic mice in general, so long as they are sufficiently different to not be deemed imitative of the original. In some jurisdictions, copyright law provides scope for satirical or interpretive works which themselves may be copyrighted. Other laws may impose legal restrictions on reproduction or use where copyright does not - such as trademarks and patents."

    Quote - Wiki for Trademark - "While trademark law seeks to protect indications of the commercial source of products or services, patent law generally seeks to protect new and useful inventions, and registered designs law generally seeks to protect the look or appearance of a manufactured article. Trademarks, patents and designs collectively form a subset of intellectual property known as industrial property because they are often created and used in an industrial or commercial context.

    By comparison, copyright law generally seeks to protect original literary, artistic and other creative works.

    Although intellectual property laws such as these are theoretically distinct, more than one type may afford protection to the same article. For example, the particular design of a bottle may qualify for copyright protection as a nonutilitarian [sculpture], or for trademark protection based on its shape, or the 'trade dress' appearance of the bottle as a whole may be protectable. Titles and character names from books or movies may also be protectable as trademarks while the works from which they are drawn may qualify for copyright protection as a whole.

    Drawing these distinctions is necessary but often challenging for the courts and lawyers, especially in jurisdictions such as the United States, where patents and copyrights will eventually expire into the public domain but trademarks do not. Unlike patents and copyrights, which in theory are granted for one-off fixed terms, trademarks remain valid as long as the owner actively uses and defends them and maintains their registrations with the applicable jurisdiction's trademarks office. This often involves payment of a periodic renewal fee.

    As a trademark must be used in order to maintain rights in relation to that mark, a trademark can be 'abandoned' or its registration can be cancelled or revoked if the mark is not continuously used. By comparison, patents and copyrights cannot be 'abandoned' and a patent holder or copyright owner can generally enforce their rights without taking any particular action to maintain the patent or copyright. Additionally, patent holders and copyright owners may not necessarily need to actively police their rights. However, a failure to bring a timely infringement suit or action against a known infringer may give the defendant a defense of implied consent or estoppel when suit is finally brought."


    So, for your own personal use. You're cool.

    Start doing it for money, you are up the proverbial creek.

    PS. I like your box.
    Cervantes: In order to attain the impossible, one must attempt the absurd.


  5. #4
    Quis custodiet ipsos custodes? Cyric the Mad's Avatar
    Join Date
    Nov 2006
    Location
    Hurm
    Age
    38
    Posts
    2,642
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)

    ReputationReputationReputationReputationReputationReputationReputationReputationReputationReputationReputationReputationReputationReputationReputation
    706 (x8)

    Since you're not reproducing a published work of GW, then it wouldn't fall under copyright infringement at all. Copyright protects a specific work, such as a book (or the information contained therein), artwork, website, etc.

    The eagle itself is protected as a trademark. Check out the "warhammer 40k logo hijacked by affliction denim" thread for some discussion on the matter of the trademark.

    In a lot of cases, a company like GW simply must protect their trademarks or they face the danger of losing the rights to the trademarks. That said, even if your use of the eagle could be construed as unauthorized use of a GW trademark, it is doubtful that GW would care about it.

    GW may be insanely protective of their intellectual property (and really, they should be), but this instance is far too minor for them to take seriously, and you spray painting the eagle on to a money box in no way threatens their brand. Now if you were to start mass-producing these things and selling them as official GW paint cases, you'd probably run into some trouble.

    Even Disney wouldn't come after you for drawing the mouse on your notebook.

  6. #5
    Junior Member Ozmer's Avatar
    Join Date
    Jul 2007
    Age
    34
    Posts
    13
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)

    Reputation
    1 (x1)

    Wow, those were some speedy replies. I am glad that you confirmed my stance that as long as it isn't mass produced and sold that it would be fine.
    Just getting started out in 40k and didn't want to get into any legal problems over it!

    You can do anything you want, as long as you are willing to pay the price

  7. #6
    The Shadow Knows! Jon Quixote's Avatar
    Join Date
    Feb 2006
    Location
    Dis (geddit?!)
    Age
    34
    Posts
    1,590
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)

    ReputationReputationReputationReputationReputationReputationReputationReputationReputationReputationReputationReputation
    467 (x8)

    Welcome to the community.

    Good luck with your stuff and if you haave any other specific questions, first search, then post.

    We're here to help. (the mods tend to be more experienced and helpful)
    Cervantes: In order to attain the impossible, one must attempt the absurd.


+ Reply to Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts