05-13-2010, 11:14 PM
(This post was last modified: 05-13-2010, 11:24 PM by liquidaluminum.)
<!--quoteo(post=361809:date=May 13 2010, 02:34 AM:name=420Smiles)<div class=\'quotetop\'>QUOTE (420Smiles @ May 13 2010, 02:34 AM) <a href=\"index.php?act=findpost&pid=361809\"><{POST_SNAPBACK}></a></div><div class=\'quotemain\'><!--quotecMy take on this is as follows.........You SHOULD be able to Copyright your gloves under the names that you give them. The glove itself is a product.......no different than any other product. Take an automobile for example....... There are SEVERAL companies that make automobiles, but none of them paid for the right to build the automobiles........they only pay to Copyright or Trademark THEIR particular brand and the 'make" of the automobile ( Ford trademarks the "FORD" name and the "MUSTANG" name..............GMC Trademarks the name "Chevrolet" and the name "CORVETTE" ) but they all make the SAME things.........CARS.You are not claiming that you "designed" or "invented" the glove with knives on the fingers..........same as Toyota is not saying they invented the automobile. Toyota says they "produce" the "CAMRY".........just as you are saying you "produce" the Resurrection glove. For another maker to lay claim to that name for the same type of product is a violation of Copyright Law.........if the name is Trademarked to your company. Without you Trademarking the name, legally the name is up for grabs. It doesn't make what he is doing right.............but it is legal. Also sucks like crazy.Lay into him........Let him know you are an established craftsman that has been building these gloves for "this long" and you feel that he has stepped over the line by using YOUR names one his products.Also let him know that he should use his own products and not yours when he is claiming to DEMO "his" product. Let him know that by DEMOing "your" product and claiming that it is "his" product only shows that "his" product MUST BE inferior to yours.......for that is the only reason he would be doing that.I think you should do it in a Video Responce to his YouTube Vids. Show people your products and show them "his"..........let them see he is claiming your work as his own. Show stills of your site showing your gloves and there names so people can see that this guy is stepping on your name and your hard work.These are just my opinions...........but I hope you get this sorted out. You work WAY to hard to have someone else "bite your style".420Smiles<!--QuoteEnd</div><!--QuoteEEndThere's a HUGE difference there though. Ford may not own the automobile but they can't make a car that looks exactly like a Chevy and call it something else. I don't blame Mark for being pissed at all, but the fact of the matter is New Line Cinema owns the likeness of the Freddy Glove, plain and simple. I may not know much about anything but I do know a thing or two about copyrights. Take Frightstuff for example, Ken used to sell painted masks, but now he can't due to copyright laws. You can get an artist to paint it for you, but he can't mold the mask from a "questionable" original buck and then paint it up. He owns the rights to the mold but not the painted likeness, that's owned by either Paramount or New Line, at this point I'm not sure who owns the rights anymore.Fact of the matter is, a replica *which is how almost all gloves are advertised as, or if you don't want to say that, calling it a part 1 or a part 3 etc.* is a representation of an already existing product which is why no one holds copyrights on replicated gloves and masks. Taken from Dictionary.com:rep·li·ca /ˈrɛplɪkə/ Show Spelled[rep-li-kuh] Show IPA–noun1.a copy or reproduction of a work of art produced by the maker of the original or under his or her supervision.2.any close or exact copy or reproduction.Use replica in a SentenceSee images of replicaSearch replica on the WebOrigin:1815–25; < It: reply, repetition, deriv. of replicare to repeat < LL replicāre to reply—Synonyms2. duplicate, facsimile; imitation. Whoever said "no one owns the rights to a glove with knives on the fingers" or something to that effect is right, but someone DOES own the rights to the glove that looks almost exactly like the one that glove builders replicate and to be perfectly honest, if New Line wanted to, they could tell you to stop selling them immediately. Trust me, it wouldn't be the first time that it's happened. The good thing is, there are so many people making them and there's such an underground market for them that it would be impossible to shut everyone down.Personally, I would drop the guy a line and say that you don't think it's cool what he's doing, and when I went to check the video out, I noticed that it's already been removed so maybe he's already gotten the message, but please don't be offended that someone is copying your work because while it sucks and may not seem right and most certainly IS NOT something that I agree with in any way shape or form, posting screen caps of a screen used item and comparing yours to it is the exact same thing.Good luck Mark, I hope he'll use a little decency and do the right thing.-Joseph