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[Q] Will I get sued?

Discussion in 'BlackHat Lounge' started by legoknekt, Aug 3, 2016.

  1. legoknekt

    legoknekt Junior Member

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    Hey, boys n' girls!

    I have a Merch account that I got approved recently, and I'm working on some designs to publish.
    However, I made a design which I haven't published due to some fear of getting sued. It's a parody or something like that, and it's at Trump's expense.
    I noticed some other designs uploaded which is anti-trump, so that's why I'm asking.

    My Q.
    Can/will I get sued for using his name or plagiarizing the original design?
    I made some changes, so it's not 100% identical to the original, and it's funny as hell!
     
  2. Asif WILSON Khan

    Asif WILSON Khan Executive VIP Jr. VIP

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    AFAIK, there aren't many Lawyers on BHW. From the information you have provided it is impossible to say for sure.
    BUT I would think it should be OK, give it a go, drop it if you get any complaints.
    But remember IANAL
     
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  3. Regalia

    Regalia Newbie

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    If it's a parody, then it should fall under Fair Use (http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/). At worst, you'll probably get a complaint to take it down. I wouldn't worry.
     
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  4. danixD

    danixD Senior Member

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    Probably if is against amazon tos your design will get rejected
     
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  5. Reaver

    Reaver Jr. VIP Jr. VIP

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    Now I want to see it.

    I'm not a lawyer, but fair use should cover you if you're in the US.
     
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  6. BassTrackerBoats

    BassTrackerBoats Super Moderator Staff Member Moderator Jr. VIP

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    I'd be all over that if I were you, OP.

    Make hay while the sun shines.

    I'm doing something similar but don't tell anyone.
     
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  7. legoknekt

    legoknekt Junior Member

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    Thanks for the response.
    I was thinking about fair usage, but I don't know really how protective he is with his name.
    When I first got the idea there where not a single design that was anti-trump/parody/funny so I got a little spooked.
    I don't want to visit the US and get an anal inspection when I land if he wins.
     
  8. BassTrackerBoats

    BassTrackerBoats Super Moderator Staff Member Moderator Jr. VIP

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    He is actually very protective of his name and owns a kajillion domains that are related to his name but still I would not be overly concerned.

    IF he were to see it odds are the worst that would happen is a C&D and that is a big IF.

    I'm in the States and I actually built a site relating to him and his opponent and am marketing using social media, adwords and bing ads and am not the least bit concerned (and not because an anal inspection sounds even remotely appealing). I've seen more than my fair share of C&Ds so this would just be another one to add to the pile; they are almost nothing more than paper tigers if you just ignore them and take down the site/stop selling the product.

    One thing you may want to consider though is to make up shirts with his opponent on there and parody those as well. No sense just making money from one side and not taking advantage of the other side as well.

     
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  9. pewep

    pewep Power Member

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    Bro go ahead and get that paper while the getting's good :)!
     
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  10. legoknekt

    legoknekt Junior Member

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    @BassTrackerBoats haha thanks for the idea, Yeah well I'm Swedish so i'm neutral ;).

    I've been brainstorming ideas all day, and I think I might have some good one's that will sell.
     
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  11. jamie3000

    jamie3000 Supreme Member

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    iAnal sorry but that made me laugh. Sounds like a iPhone sex toy attachment :p
     
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  12. !nj3ct3d

    !nj3ct3d Junior Member

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    You wont get sued if you will send me one shirt. ;)
     
  13. jimbobo2779

    jimbobo2779 Jr. VIP Jr. VIP

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    Parody is often protected under copyright law but that wouldn't stop someone from bringing a civil suit against you.

    Ultimately it depends on too many factors and as others have said you are unlikely to find a qualified lawyer that could advise you correctly on this forum.
     
  14. roadhamster

    roadhamster Regular Member

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    You can put that on a tshirt.
     
  15. risefromtheashes

    risefromtheashes Regular Member

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    If it's a parody, you're pretty safe under parody law. Look up Nathan for You, he did this with Starbucks and ran a completely identical restaurant for a week (it only got closed cause he didn't have the health permits to sell food)
    Also you're in Sweden, there's no way that idiot would touch you with his man-baby hands.
    I saw go and go far, make big money while you can!
     
  16. Monoceros

    Monoceros Newbie

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    Hi legoknekt. Only an attorney licensed to practice law in your state can answer the specific legal questions you've submitted to this forum. I would suggest that you seek out an attorney in your area who specializes in copyright law. Many provide free consultations and would be happy to answer your questions.

    Regarding the more general question of copyright, there are four elements of fair use:

    Purpose and character of the use.
    How transformative is your use of the original Trump slogan or image? Something "not being 100% identical" doesn't necessarily mean that it meets the standard of being transformative; it could still be deemed derivative and infringing.

    Nature of the copyrighted work.
    Donald Trump is a public figure. Not all photographs of him are in the public domain, but some could be in the public interest. A creative work, such as someone else's artwork of Donal Trump, would favor a finding of infringement.

    Amount and substantiality of portion used.
    Copying an entire work militates against a finding of fair use. This is the difference between uploading your favorite scene from a movie and using a sound-bite on a talk show like Howard Stern. If your contribution is to merely switch around a few words, then the substantiality of the portion being used sounds rather significant.

    Effect of the use upon the potential market for, or value of, the copyrighted work.
    A transformative work is less likely to have an adverse impact on the market of the original.

    Donald Trump has trademarked his name, which is arguably his most valuable asset, and licensed it out to everything from hotels to tv dinner makers to the tune of billions of dollars. There is a great deal of discussion in this thread about fair use, but that is only a standard weighed in court on an individual basis, case by case. The short of it is that any copyright or trademark holder can sue over what they perceive to be infringing use, no matter how "good of a case" there might be in favor of fair use. Ultimately it is the court which decides.
     
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