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Post by yyyyyyyyfffffffff on Jun 23, 2021 13:50:47 GMT -5
Hi i have a question is it ok to create clutter cc like Nesquik, nutella and cereal boxes because i heard it's copyright and i'm afraid if i create something and fall in problems i'm also afraid if for example "nesquik" nestle fill a complaint against me in the court or something like that so.
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Post by mauvemorn on Jun 23, 2021 15:10:31 GMT -5
Hi. It depends on where you will upload it. If you will upload it on tsr, they will not publish it because they have no-brand-names policy. If you will post it on your tumblr, there will be no problem. However, even if nesquik were to try to remove it, they will send you a dmca takedown (or cease-and-desist, don’t know the difference ). Think of it as a warning, if you will just remove the file, then no one will sue you
i make designer clothing and shoes, always use their names and have never had any problems with that but you can look up if nesquik has ever took down anyone's content, I remember the Rubik’s cube doing it………. (This was so random)
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Post by yyyyyyyyfffffffff on Jun 23, 2021 15:23:08 GMT -5
thank you for you reply btw do you use marvelous designer to make clothes and shoes?
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Post by mauvemorn on Jun 23, 2021 15:27:58 GMT -5
Clothing with MD, shoes with Blender You can make clothing in Blender as well, it's just easier in MD. If you're interested in that, I suggest starting from frankenmeshing clothing instead of making it from scratch, maxis match items seem to be very popular these days
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Post by xordevoreaux on Jun 25, 2021 9:44:16 GMT -5
Short answer, you're probably okay.
I'm a writer, and copyright and brand marketing issues are real concerns, but we've had over a century of writers including trademarked content not their own in their stories, and they're not being hounded by corporate lawyers.
A good friend of mine is writing an excellent coming-of-age story of a young boy growing up in the 1930's, and that story is absolutely dripping with brand name references of products of the age, some of which are still marketed today by their respective companies.
Here's a test to determine the likelihood of getting a DMCA takedown notice, and they're standard questions regarding fair use laws:
1. Monetization: Is your creation containing a corporate brand name in a $ marketplace? Are you demanding money for people to acquire it? 2. Brand confusion: Is it likely that your creation will be confused in ANY marketplace with the actual product? 3. Presentation: How many people will actually see it?
Answers: 1. Don't do it. 2. Not likely. 3. Not dire. It's not on tv commercials, plastered on highway billboards, or in news articles. It's hanging on a wall in some sims4 player's house.
Corporations have a direct motivation to pursue people using their brands in an unauthorized way. That pursuit demonstrates the corporation's desire (in a legal setting) to actively keep their intellectual property out of public domain. Corporations in the past have lost branding lawsuits for failing to show their earnestness in defending their brands and intellectual property. One of the more famous ones involving literature is Tolkien's family losing control of the word "orc" in a lawsuit because they failed over the course of so many decades to demonstrate they were actively protecting his work from falling into public domain.
Regarding corporations, Disney is far more fervent than Electrolux (owner of Frigidaire) which is far more fervent than Jordache in flattening people using their product without prior permission.
For my writing endeavors, part of the traditional publishing process involves moving your story through a sequence or pipeline of editors, and along that pipeline is the brand editor, who'll flag (for the publisher's own self protection) any inappropriate use long before they shove anything onto the shelves, so when I get to that point, I've a safety net in that regard.
If you're still concerned, flip a couple letters in the brand name and alter the logo just enough so that it may be reminiscent of, but no longer a direct reference to, trademarked material, which will get you out of any brand confusion trap.
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Post by yyyyyyyyfffffffff on Jun 25, 2021 17:06:38 GMT -5
thank you
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