QUESTION
Can I take parts of books and make them into other products?
Asked on Mar 27th, 2013 on Patents - Massachusetts
More details to this question:
I have a small crafting hobby where I take discarded books, VCR tapes, records, or food cartons cut them up, add blank paper, spiral bind them and make unique, one-of-a-kind spiral bound blank journals. I also take book pages or pictures and make them into unique coasters. Is this a violation of copyright/trademark? I am only using discarded items and recycling them into a totally, unique item. We have been asked to supply these items on a small scale to several gift shops. Are we okay with this?
4 ANSWERS
Intellectual Property Attorney serving South Jordan, UT
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Pearson Butler
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I don't see a problem with it, based on what you have said.
Answered on Mar 31st, 2013 at 8:09 PM
If you had paid for the book perhaps there would be a different answer BUT you did not pay for the book and are selling pictures from the book. That is how the original author makes his money. I feel it is copyright infringement. Having said that the damages are minimal except for statutory damages which could amount to thousands.
Answered on Mar 27th, 2013 at 2:04 PM
If you legally obtain the original objects, you can do whatever you want with them. One potential problem to avoid is associating someone?s likeness, trademark, or product (the cut up materials) with something so negative that it will cause the public to think badly about the person or company.
Answered on Mar 27th, 2013 at 10:16 AM
Appellate Litigation Attorney serving Boston, MA
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Banner & Witcoff, Ltd.
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Owners of trademarks and/or copyrighted works used in your work might object. Under trademark law - use of another person's trademark can be made, especially if used in a non-trademark manner - as long as there is no likelihood of confusion to the public regarding the trademark owner's possible sponsorship or relationship with the new use. Under copyright law - you are seeking a "fair use" of the old books and other copyrighted materials.
Answered on Mar 27th, 2013 at 10:15 AM