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Trying to find the safety border of copyright infringement

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Chia Joon JianTrying to find the safety border of copyright infringement
by on Jul 22, 2010 at 8:15:17 am

Hi guys,

I have an important issue here which i have problem seeking answers from where i stay. I've read an interesting thread dated back in 2006 about Batman copyright

First of all, i'm from Malaysia, the land where piracy and infringement is quite rampant. My business involves Laptop/Handphone Skins and Decals. I produce designs and also get artists to submit their designs. All my designs are either copyright free or original from the artist, which is my main aim. However, consumers in Malaysia very much prefers licensed products (Spiderman,Ironman,Manchester United) as compared to graphic and art.

So here's the thing, how far can i go (in terms of similarity) in designing my skins to be safe. Example, i have a design, black and white, with a silhouette of a figure in cape, and with 2 pointy ears on its head. Without a doubt its the dark knight, but am i violating the copyright? Another way of putting this is, i'm trying to sell designs that are unmistakably Marvel/DC characters, but at the same time without using any graphic/text/color that are official. In contrary to 'better safe than sorry', i'm actually trying to get as close to the borderline of safety.

I would also want to know whether there is a geographical trademark/copyright for Marvel/DC, and whether my country is covered.

Thanks for reading my little rant here and hope the seniors in this board can point me to the right direction because i would really like to maintain my business in a legit fashion at the same time providing designs that are highly demanded by my consumers.

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Scott CarnegieRe: Trying to find the safety border of copyright infringement
by on Jul 22, 2010 at 9:58:09 pm

Several countries have agreement between them to respect the others copyright laws, I don't know if Malyasia is included in that. For something as specific as your particular case you should probably contact a copyright lawyer in your area.

Media Production Services
Winnipeg, Manitoba, Canada

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Chia Joon JianRe: Trying to find the safety border of copyright infringement
by on Aug 12, 2010 at 8:11:34 am

I did ask a friend of mine who is in copyright law. But even he finds that its subjective and a delicate matter. I'm curious how strict it is in USA.

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