863deadf3.jpg
For obvious reasons...a float from a 1930's Macys parade
BG
863deadf3.jpg
For obvious reasons...a float from a 1930's Macys parade
BG
"When Yes appeared on stage, it was like, the gods appearing from the heavens, deigning to play in front of the people."
There might be some copyright expiration issues...
"Alienated-so alien I go!"
Aren't they a bit late?
What's next, Berlin sueing Roger Waters for The wall?
my music collection increased tenfolds when I switched from drug-addicts to complete nutcases.
This would be trademark issue, not copyright. And more than one entity can have the similar trademarks, as long as their in different markets. The standard rule for trademark infringement is if it creates confusion in the market. So, even if this wasn't a joke, using a pig in a parade float and using a similar one (if that were the case) for an album cover are not in conflict.
"The White Zone is for loading and unloading only. If you got to load or unload go to the White Zone!"
Last edited by Brian Griffin; 11-30-2013 at 09:31 AM.
"When Yes appeared on stage, it was like, the gods appearing from the heavens, deigning to play in front of the people."
You've got to be kidding me ...
Ian Beabout
Mixing and mastering engineer. See ya at ProgDay !
https://cuneiformrecords.bandcamp.co...m/bakers-dozen
https://cuneiformrecords.bandcamp.co...-and-holland-3
colouratura.bandcamp.com
Which is still in no conflict with the way Macy's used it. There's no infringement, unless the trademark owner can prove that its use creates confusion in the marketplace, which it clearly doesn't.
For example, I can open a hardware store and call it Applebees. Unless, I use the same, or very similar, logo than the restaurant, they have no claim against me for using that name.
"The White Zone is for loading and unloading only. If you got to load or unload go to the White Zone!"
It could be a copyright IF we are talking the photo itself. Still, it is a push: you have two floating pigs that look nothing alike near two buildings that look nothing alike and going in different directions. For it to be copyright infringement, too, there has to be proof that the person doing the alleged infringement was aware of the work being infringed upon and thereby infringed either intentionally or unintentionally. This appears to be a rather obscure photo.
Last edited by Rune Blackwings; 11-29-2013 at 07:18 PM. Reason: The GPS is plotting against me
"Alienated-so alien I go!"
Link please
“Pleasure and pain can be experienced simultaneously,” she said, gently massaging my back as we listened to her Coldplay CD.
my understanding of copyright law is that it is hard to prove infringement if the person had no way of knowing if the copyrighted piece even existed.
Explain what I am wrong on...I am going by what my understanding of the law is, so I am just curious on what I misunderstood.
Last edited by Rune Blackwings; 11-30-2013 at 11:59 PM. Reason: eat at Ahmad's Cous Cous Cafe
"Alienated-so alien I go!"
That's more or less what I'd say as well.... and who remembered the NY floating pig from the 30's... Waters wasn't even born...
So, does this mean that nobody will ever have the right to have a floating pig without paying them so dough, then??
Sounds as ludicrous like Monsanto claiming you don't have the right to sew any plant that they've decoded the ADN of, whithout paying them a due....
my music collection increased tenfolds when I switched from drug-addicts to complete nutcases.
Intent has nothing to do with infringement.
George Harrison was sued for copying "He's So Fine," when he released "My Sweet Lord." It was determined by the courts that he "subconsciously copied it" because he had admitted to hearing the song before; but he was not proven to willfully or knowingly copy it. He lost that case and was ordered to pay $587,000 to the rights-holder of the song, which was about half of what was being sought.
There are many many businesses that receive "cease and desist" letters, because they started a company with a name that's already being used in their market. Most times, these people did not realize it, and were either too lazy or ignorant of how you go about checking the availability of names. (When you register a business in your state, part of the process is the state determining if the name is being used in that state. But that's not enough to determine availability nationally. And it doesn't get granular enough. For example, they can tell you a particular name is available for your business, but it doesn't determine if it closely resembles another name that's already being used, which could still be a trademark infringement. The responsibility is on the business owner.) One can check trademarks that are registered on a the US Patent and Trademark Office web site, but that is only where it begins. If you clear that hurdle, you then have to hire a trademark attorney to do a deeper search, which is usually only done when a business wants to register the name.
I'm pretty sure the same applies to copyright infringement.
Now, in the case of trademarks, you don't have to register it to have some level of protection. You can place a "TM" next to it and have immediate protection. But, you also have to establish and be able to prove first use. So, what some businesses do with their names is mail an envelope with the business name on it to themselves. When it arrives, they have a postage stamp with the date on it establishing first use. You can also have it notarized.
"The White Zone is for loading and unloading only. If you got to load or unload go to the White Zone!"
First of all, I'm pretty sure the original post was a joke. Plus, Macy's wouldn't be the owner of that image, the original photographer would, unless he turned the rights over to them, or was an employee. Photographers own the rights to anything they shoot, which is a recent law. That even applies to the portraits of your kids being done at the local department store. (Scary, huh?) That doesn't mean they can use the photo for commercial purposes without a model release, though.
Secondly, you can use a floating pig as long as it's not in the same industry. For example, if you opened a bacon processing plant, you can use the symbol of a floating pig. But, of course, you cannot violate the depiction that was originally used on the "Animals' album, because that would likely be a copyright infringement on the artwork.
"The White Zone is for loading and unloading only. If you got to load or unload go to the White Zone!"
in my comment, I said "intentionally or unintentionally". the key in both is that the person being accused of infringing had some way of having seen, heard or whatever the other piece. For example, in George Harrison's case, the song was well known internationally. Where you would have the issue would be a garage band in Montana claimed George Harrison infringed upon a song they had recorded and released cassette only and sold at local shows.
The trademark being per industry I knew about because of Monster Cables' annoying hissy fit. The problem with trademarks is not even per industry or who is first but who has the bigger army of lawyers. Their little tatrum was checked when they went after a certain movie franchise owned by a certain corporation who had more mad money to spend on lawyers than they did.
"Alienated-so alien I go!"
But, the trademark laws are sound. Anyone can fight the Monster Cables of the world, if the law is on their side. Whether they have the money or not is another issue. I would like o think they can counter-sue for court costs and legal fees. Of course, they have to be confident in their victory.
"The White Zone is for loading and unloading only. If you got to load or unload go to the White Zone!"
very true-especially since one entity sued by Monster Cable and folded itself to a different name was a horror themed miniature golf course, Monster Golf or something. they backed off because they probably did not have the funds and were easily intimidated. Monster Sports Drinks, no doubt, are a different story because they have the funds to whip ass on Monster Cable.
Of course, you think Monster would have taken heed of the very laws it was using to bully others...
http://www.techdirt.com/articles/201...l-losing.shtml
"Alienated-so alien I go!"
It would be awesome if Macy's pig (is it Macy's's ?) had the glowing red eyes, obvious genitalia, and tusks.
Since nobody else bothered....
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