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Thread: Legal question about a build

  1. #1

    Legal question about a build

    I am currently building a project, the design based on a picture from someone's blog.

    My design has slight variations and similar, but not totally identical, to the original.

    Since coming across the picture, I have learned the design has been sold and/or contracted by a commercial entity for mass production and sale.

    Just wondering, any potential issues if I decide to build the stand and sell it?

    I am collaborating with someone on another forum and have some concerns about posting pics of the build.

    TIA,
    Robert

  2. #2
    Join Date
    Sep 2013
    Location
    Carrollton, Georgia
    Posts
    1,815
    Robert, I think you'll have to talk with a lawyer about this. If you were to build it for your own personal use, I would say you're fine but, since you indicated you were wanting to sell it, I believe that crosses the line.

  3. #3
    Physical objects are strictly limited in how they may be protected:

    - functional objects may not be copyrighted
    - unique and innovative functional aspects of operation may be the subject of a patent
    - decorative aspects of functional objects may be the subject of a design patent
    - distinctive aspects of a product's appearance may be trademarked, or protected as "trade dress" for the company manufacturing the product

    Ironically, the photograph is easier to protect (copyright) than the object which it depicts in most instances. So long as your access to the information was not the subject of a non-disclosure agreement, building a functionally equivalent object which is not patent-pending, and which does not slavishly copy distinctive aspects of appearance, you should be fine, esp. if there's no profit motive --- it's the intention to sell which raises the issue Yonak Hawkins mentioned. Agree you should read up on copyright, design patents and trademarks, and then if you still wish to pursue this, discuss the matter w/ a lawyer.

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