i was wondering if i could get the views of some of the members here
i know not every1 is a lawyer but i could use your opinions
anyway scenario
> X forum makes Y theme with custom buttons and images with a NO DUPLICATION DISCLAIMER
> Can i make a look alike theme with SIMILAR but NOT same images/colors and a similar look
hmmm
Unless the design was patented in some way, you're free to do so, as far as I know.
cool thankx
(2008-10-21, 07:20 AM)ZiNgA BuRgA Wrote: [ -> ]Unless the design was patented in some way, you're free to do so, as far as I know.
(I got sued, but it's not my fault, Zinga told me it's ok.) Better watch out Zinga.
(2008-10-21, 07:15 AM)Darkmew Wrote: [ -> ]i was wondering if i could get the views of some of the members here
i know not every1 is a lawyer but i could use your opinions
anyway scenario
> X forum makes Y theme with custom buttons and images with a NO DUPLICATION DISCLAIMER
> Can i make a look alike theme with SIMILAR but NOT same images/colors and a similar look
hmmm
You have to define how "similar" you are. It's really difficult to draw the line.
colors look alike but NOT the same
Images and structure look alike but NOT the same etc
basically a look-a-like but with slightly different colors and images
EDIT
(2008-10-21, 03:45 PM)rcpalace Wrote: [ -> ] (2008-10-21, 07:20 AM)ZiNgA BuRgA Wrote: [ -> ]Unless the design was patented in some way, you're free to do so, as far as I know.
(I got sued, but it's not my fault, Zinga told me it's ok.) Better watch out Zinga.
is this really a possibiliy specially since im a thousand odd miles away from the theme creators country
Quote:Unless the design was patented in some way, you're free to do so, as far as I know.
Ideas are patented.
Work is copyrighted.
Brands are trademarked.
Copyright is automatically assigned to creator. No special requirements are needed. You don't have to say it's copyrighted. You don't have to state what license it's under. You don't have to have a legal notice.
Quote:Can i make a look alike theme with SIMILAR but NOT same images/colors and a similar look
You can overall because certain elements of a design can't be copyrighted. For instance...color schemes. Normally stuff like design is going to have to be blatant rip off that would create confusion between the original and the copy. Gradients can't be copyrighted. A copyright only applies to UNIQUE works.
I know some of these concepts might be difficult to interpret but just use your best judgement.
Hope that helps you.
thanks mate this was really helpful
(2008-10-22, 07:11 AM)labrocca Wrote: [ -> ]Ideas are patented.
Work is copyrighted.
Brands are trademarked.
Copyright is automatically assigned to creator. No special requirements are needed. You don't have to say it's copyrighted. You don't have to state what license it's under. You don't have to have a legal notice.
Not true. If I distribute something without any form of copyright notice (implied or explicit), and someone else decides to copy my work and distribute it under their name, what sort of legal protection do I receive?
As for ideas, I'm sure that I don't have to pay whoever came up with the idea of using a computer to design images every time I want to do digital imaging. Neither do I have to pay royalties for deciding to include colour in pictures.
As long as you can prove you first came up with it you can keep people from coping it. Like engineers keep all their designs in notebooks so if someone does take it and copy without their permission they can prove they were first to come up with it.
So like a psd files and stuff would be good example for images.