Copyright Question

SnowAngel · 07-06-2007, 02:29 AM

Hi all!

I'm working on a new logo for myself. I found a very cool monogram rubber stamp while visiting in Vegas. I love this monogram and wish to encorporate it into my visual presentation for my business. All it says on the stamp is "Design by Henry c.1985 Temple City, CA".

How can I go about using it?

**balou** · 07-06-2007, 02:39 AM

You'd have to contact the copyright owner. Start with the stamp manufacturer.

SnowAngel · 07-06-2007, 02:43 AM

I have no idea who manufactures these stamps...am I outta luck?

Riya · 07-06-2007, 02:48 AM

Start with the place where you bought it. Ask them if they know (they probably won't). If they don't, ask who thier suppiler is and get ahold of them. Keep going from there.

**balou** · 07-06-2007, 02:50 AM

Well, copyrights last for 80 years so it will be a while until you could use it freely. If you did use it it would be purposefully done so and if "design by Henry" found the right lawyer, you could be $30,000 poorer after the court case.

Riya · 07-06-2007, 02:55 AM

And even if you did manage to track Henry down and get all the neccessary permissions, shouldn't a designer be designing his/her own logo?

SnowAngel · 07-06-2007, 02:56 AM

I'm not in the design business anymore. Lack of creativity. ;-)

**balou** · 07-06-2007, 03:01 AM

Maybe find an old book of monograms - from before 1927. Or royalty free design elements.

PrintDriver · 07-06-2007, 10:54 AM

Copyright lasts more than 80 years if it is marked 1985.
It's 70 years after the death of the creator, or if a collaborative work, 95 years from date of 'publication', or 120 years from creation (the shorter of the 2).

I hate the copyright laws.

You have to be pre 1923 to be fairly positive it is Public Domain (but there are exceptions to every rule, including this one. I know of 1 image at least, that is still protected by Estate rules). But you can get all the way to 1989 with the right set of circumstances and still be Public Domain. Good luck verifying those circumstances...

According to the rules I have (that were done up in 2005 so they may have changed slightly with the Millennium rules), if something was created between 1978 and 1989, was made without a visible ©date, and not re-registered <that's the tricky part>, then it is Public Domain. That's why a bunch of old TV shows and comic book characters are up for use right now. Someone slipped up when the Disney Rule was changed and they didn't re-register their stuff before the grace period ended.

I'd say yer out of luck unless you find the owner of the stamp. The "designed by" statement with a date is considered 'published with notice'.

PrintDriver · 07-06-2007, 11:12 AM

It's amazing what you can find on the internet in 7 minutes or less.
Designs By Henry Rancho Cucamonga, CA 91730 909-980-5047