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03-21-2007, 10:36 AM
| | Chief Architect/Admin | | Join Date: Mar 2005 Location: Reston, VA Age: 41
Posts: 2,817
Chips: 2,833 | | | Re: Can I use trademark images on a private set? Quoted text. Quote:
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. |
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03-21-2007, 10:42 AM
|  | ChipTalk.net Sponsor! | | Join Date: Apr 2005 Location: Daytona Beach Florida Age: 51
Posts: 3,514
Chips: 7,306 | | | Re: Can I use trademark images on a private set? Quote:
Originally Posted by X-Files From the LucasFilms site. | Man oh MAN do they have some great artwork to swipe on that site-- er I mean get permission to use 
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03-21-2007, 10:49 AM
|  | Moderator | | Join Date: Mar 2005 Location: New Boston, NH Age: 38
Posts: 4,028
Chips: 15,351 | | | Re: Can I use trademark images on a private set? Quote:
Originally Posted by kmalsom not directly related, but:
from http://www.lucasfilm.com/press/news/news20061011.html
Roffman noted that many Star Wars fans around the world produce replicas of Star Wars costumes for their own personal use and enjoyment, an activity to which Lucasfilm Ltd. has no objection. One such group, the "501st Legion" of stormtroopers, is a global organization that has often worked with Lucasfilm and its partners. "We appreciate that Star Wars has sparked the imaginations of fans around the world," he said. "We would never want to discourage fans from showcasing their enthusiasm for the movies. However, anyone who tries to profit from using our copyrights and trademarks without authorization crosses the line; they become an infringer and we will go after them." | "We would never want to discourage fans from showcasing their enthusiasm for the movies. However, anyone who tries to profit from using our copyrights and trademarks without authorization crosses the line; they become an infringer and we will go after them."
Summary as I see it:
Bee is a Star Wars fan and want s custom chips. Joe will make them.
Bee doesn't profit from having one set made to keep forever. Unless Joe sells them at cost, I mean zero margin, He profits. What business stays in business very long with zero margin tranactions?
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03-21-2007, 10:50 AM
|  | ChipTalk.net Sponsor! | | Join Date: Apr 2005 Location: Daytona Beach Florida Age: 51
Posts: 3,514
Chips: 7,306 | | | Re: Can I use trademark images on a private set? [quote=Matthew;512631 What business stays in business very long with zero margin tranactions?[/quote]
ya need to do VOLUME 
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03-21-2007, 11:07 AM
|  | Surfaced Warrior / Mod | | Join Date: Jun 2005 Location: Starboard Bridge-Wing Age: 36
Posts: 5,391
Chips: 13,265 | | | Re: Can I use trademark images on a private set? Quote:
Originally Posted by palmimports ya need to do VOLUME  | Lets do some quick math:
nothing times nothing, carry the nothing, round to the nearest nothing = nothing.
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03-21-2007, 11:08 AM
|  | Final Table | | Join Date: Oct 2006 Location: Ann Arbor, MI
Posts: 558
Chips: 507 | | | Re: Can I use trademark images on a private set? Joe,
It sounds like you can make your own set though. You have written permission in their PR news article.
Just don't use any photographs not owned by lucasarts. | 
03-21-2007, 11:08 AM
|  | ChipTalk.net Article Writer | | Join Date: Feb 2006 Location: O-H-I-O Age: 36
Posts: 2,188
Chips: 223 | | | Re: Can I use trademark images on a private set? Quote:
Originally Posted by Matthew "We would never want to discourage fans from showcasing their enthusiasm for the movies. However, anyone who tries to profit from using our copyrights and trademarks without authorization crosses the line; they become an infringer and we will go after them."
Summary as I see it:
Bee is a Star Wars fan and want s custom chips. Joe will make them.
Bee doesn't profit from having one set made to keep forever. Unless Joe sells them at cost, I mean zero margin, He profits. What business stays in business very long with zero margin tranactions? | so what if joe did sell them at cost to bee? Then does it fall under fair use?
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03-21-2007, 11:11 AM
|  | World Series Champ | | Join Date: Sep 2006 Location: Aurora, CO
Posts: 3,323
Chips: 1,547 | | | Re: Can I use trademark images on a private set? Quote:
Originally Posted by WolfPack so what if joe did sell them at cost to bee? Then does it fall under fair use? | Joe sells the blanks to bee, bee then sends the blanks back to Joe for complimentary printing.
Joe is only making money on the blanks, the printing is free. | 
03-21-2007, 11:13 AM
|  | Final Table | | Join Date: Oct 2006 Location: Ann Arbor, MI
Posts: 558
Chips: 507 | | | Re: Can I use trademark images on a private set? Quote:
Originally Posted by WolfPack so what if joe did sell them at cost to bee? Then does it fall under fair use? | Not really. Joe is selling licensed chips then, but the stipulation of the license is that it not be for profit. | 
03-21-2007, 11:13 AM
|  | Prick | | Join Date: Jul 2005 Location: Merrimack, NH
Posts: 6,341
Chips: 153 | | | Re: Can I use trademark images on a private set? Sure and throw ethics right out the window.
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Hey, want a good xmas present. I'll sell you 1000 of my BJ's listed in M2M for $750 plus shipping. PM me if interested.
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