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You have not yet voted on this site! If you have already visited the site, please help us classify the good from the bad by voting on this site. We’ve all been there: You’re selling custom Mylar balloons of your original character Blonic the Hedgehog when Disney comes knocking on your door with a cease and.
What are your rights? In the inaugural issue of Balloon Professionals Magazine, IP lawyer Tim Casey provides great advice on copyright infringement and fair use that applies way beyond ballooning. If you’ve ever uploaded a video with a pop song in the background or had an idea for a funny Hogwarts T- shirt, you could learn from this. Some highlights: While some infringements are more obvious than others, there’s no “bright line rule” for how to distinguish it. But the law does consider four major factors: purpose and character of the infringing work, nature of the original, amount used, and the effect on the original’s market value. We recently covered these fair use factors in more depth. Parody is often a good defense, but again, it’s complicated.
Even if your client agrees to take on legal responsibility in your contract, if you do get sued, you might have to sue them to actually follow through. One fascinating industry detail: Balloon professionals told each other for years that a copied character wouldn’t infringe on copyright if it had “at least five significant differences (like color variations, number of distinguishing marks, smaller features, etc).”In the absence of good legal advice, people tend to invent their own copyright superstitions. Manual De Diagnostico De Trastornos Mentales Y. You. Tubers, as noted by blogger Andy Baio, slap “no copyrighted intended” on their remixes or even on straight- up stolen clips, as if it makes any difference when the rightsholder comes around.
But it doesn’t. If you’re worried you might be infringing, or you just want to avoid a takedown notice on your funny Star Wars remix, look for advice from professional legal sources like the Electronic Frontier Foundation—or better yet, get a lawyer. Thank you to Jennifer Romig, Twitter user and balloon rights enthusiast.
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