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Posted
Hi there guys,
I'm just wondering... I've seen a few phrases around the net (including CafePress) and am wondering if there's any limitation to me making similar items with the same phrases, only with different spelling. Ie, 'Mummy' instead of 'Mommy'
Being in Australia, I'd much prefer our spelling of different words.
Thanks in advance for your help.
 
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Picture of Teesed
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Without more detail, I'm afraid people won't be able to offer much in the way of their opinion. If it's legal advise you're after, and it looks like ultimately it is, the best bet is to check with an IP attorney (or attourney?) Wink
 
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Picture of Tanith
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You can use any language you choose: American, British, Australian, Esperanto, Russian, Japanese .... There is no restriction whatever on how you choose to refer to parental units. The limitations on what you can use are (1) violations of intellectual property (copyright, trademark, privacy/publicity) (2) decency provisions - no hate speech, no pornography etc. Changing a word, say from Mommy to Mummy does not necessarily mean you are not copying. Copyright infringement has no concept that if you change something by x amount you are OK. There are few clear and easy rules in intellectual property. Whether you can use the same phrase as someone else - with or without changing that word - depends on whether that phrase is legally protected. That isn't something we are going to explain in a forum. Grab a book on copyright and you will have the whole banana.

The one thing to avoid, however, is looking at any marketplace as evidence of what is allowed. Instead read the terms of use and content guidelines. If you have any doubts, ask, or just skip the idea. Smiler

http://tutortanith.com/legal/content.htm
http://tutortanith.com/legal/stolenimages.htm


Diane Blackman
 
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Hey there,
Thanks a lot for your help.
I will be making it look completely different from any others on here, so I guess I can just submit them and cross my fingers.
Like was mentioned, there are a lot of ideas floating around and it makes it difficult for anyone to have a truly unique idea.
Cheers
 
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Just so there's no misunderstanding... Cafepress doesn't approve designs. So, if by "submit them" you expect that no news is good news - it won't work that way. The first contact you get that you're in violation could be a lawsuit.

The possibilities run across the board - nothing, pending by CUP, a nice letter, a nasty letter, etc. etc.

So, just don't work under the assumption that Cafepress will watch your back. They do their best to catch things via the CUP Department, but since any design can be uploaded at-will... no guarantees they'll be able to catch a problem on your behalf to avoid a problem.

Lastly, you don't need to simply avoid making a design look like something "on here" - you're fair game for a lawsuit outside of Cafepress. We're not talking just copying fellow shopkeepers - it's copyright/trademark law in general.


........................blipfish........................

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