Forum Moderators: not2easy
Is a chair by Salvador Dali a chair and therefore legaly reproduceable, or is it a work of art with another 50 years of copyright remaining?
If the repro's are sold (and marked) as a copy of an iconic design (like is done with chipendale and adams), would I be breaking any laws?
Am I likely to be sued by former employers/estate managers for referanceing the original creators under trademark laws? And even after copyright expires am I liable if the design is strongly assosiated with a brand identity, or still in production?
The more I look into this the more it makes my head spin.
Any help would be fantastic!
Where is the sign that says "free legal advice?"
www.uspro.gov (assuming you are American).
Then, your attorney's office.
If you want non-expert advice (which is worthless) you'd be better off at an arts and collectors type site than here.
I do know an art dealer who deals in physical objects. I'll get his worthless, non-expert advice if I see him in the next few days.
As far as "iconic design", you might want to research the company "Design Within Reach". See if you can find articles on legal problems they have or have not faced. You may have gotten their catalog - they sell reproductions (and a few licensed products) of iconic mid-century furniture pieces, and they are a large chain.
One potential problem: their pockets are probably deeper than yours.
Is a chair by Salvador Dali a chair
I'd be surprised if a chair by Salvador Dali even *looked* like a chair...
First post:
I'm looking to sell reproduction
If there have been any cases with knock-off or "designer inspired" - aka replica - jewelry, watches, handbags, etc. those would be a good source of research.
I'm looking to sell reproduction
:)
Intellectual property for physical products can get complicated, and include things like design patents and "trade dress". Here's some information about Herman Miller's efforts to protect designs dating back to 1944:
[hermanmiller.com...]
Trade dress is a form of intellectual property protection and a subset of trademark law. "Trade dress," as affirmed by the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., in an earlier landmark furniture ruling in favor of Weatherend Estate Furniture (1995), "involves the total image of a product and may include features such as size, shape, color or color combinations, texture, graphics or even particular sales techniques." Trade dress effectively prohibits infringement by any unauthorized parties, treating the designs themselves as a functioning and protected trademark.
Please don't rely on forum commentary for an important and confusing area like this - contact a lawyer who knows IP law in your jurisdiction before you start spending money.
