Kalashnikitty shirts?

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copyright law allows for "fair use" which in some cases means use as long as there is no sale for profit, or no situation where it infringes on the sales or profits of copyright owner.

tricky area for kalashnikitty. if people print their own t-shirts, for themselves, it may very well be totally ok. for profit, or sale, then not.

i may very well be wrong on this one, though. it's been a while, and this is a tricky area.

from: http://www.fplc.edu/tfield/copynet.htm

Fair use. Fair use is one of the most important, and least clear cut, limits to copyright. It permits some use of others' works even without approval. But when? Words like "fair" or "reasonable" cannot be precisely defined, but here are a few benchmarks. Uses that advance public interests such as criticism, education or scholarship are favored -- particularly if little of another's work is copied. Uses that generate income or interfere with a copyright owner's income are not. Fairness also means crediting original artists or authors. (A teacher who copied, without credit, much of another's course materials was found to infringe.) Commercial uses of another's work are also disfavored. For example, anyone who uses, without explicit permission, others' work to suggest that they endorse some commercial product is asking for trouble! Yet, not all commercial uses are forbidden. Most magazines and newspapers are operated for profit; that they are not automatically precluded from fair use has been made clear by the U.S. Supreme Court.
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I don't see why someone doesn't just use the same idea but with a different cartoon cat ?
 
Well, I don't think the company owns that exact name, so call it what you will but use a different cat.

"I think they should make a kalashnidog for us males out there."
Years ago, I stumbled onto a line of T-Shirts all featuring Rottweilers all muscular and bad a**. Since a Rottweiler is my SO, I had to have all of them. I honestly think it was some gang banger thing but I never really found out for sure. They would have been perfect for a project such as this. And it wouldn't be yet another copy of that wimp bulldog the USMC uses.
 
If you guys like the Kalashnikitty shirts you`d love the gold inlayed engraved sim mother of pearl Hello Kitty grips on my wife`s Colt Gov`t .380 Pocketlite. :what: :D Marcus
 
Swap the AK for an AR. StonerKitty. Mebbe the druggies will like it too?
 
Thank you, themic; I was wondering when somebody was going to point this out. Further, Kalashnikitty might also be considered parody; I'm certainly not an IP lawyer, but if somebody wanted to consult with one (or if somebody is one), that might be worth considering. I agree that if it's infringement, we shouldn't be thinking about it, but I'm not convinced that it is (again, no law degree here, so don't rely on me).
 
One of the basic tenants of THR is that we do not engage in conspiracy to violate the law.
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Don't know about other countries, but the U.S. Supreme Court has repeatedly ruled that parodies fall outside of the normal realm of copyright and trademark intellectual property regulations. In particular, political speech enjoys special protection. Now, if someone were to present these as being an authorized Hello Kittyâ„¢ product, that would be a problem, but as a parody for political purposes (ie. mocking the stereotype of assault rifle owners as macho non-girlie-men with big muscles and poor grooming) I think this is on fairly safe ground.

I might behoove anyone thinking of making future merchandise bearing this logo to add a small disclaimer to the effect that "This product is not manufactured or authorized by Sanrio, owner of the Hello Kittyâ„¢ character."

I am not a lawyer.


-twency
_______________
Never do card tricks for the group you play poker with.
 
If you guys like the Kalashnikitty shirts you`d love the gold inlayed engraved sim mother of pearl Hello Kitty grips on my wife`s Colt Gov`t .380 Pocketlite.
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Sorry, Marcus...no pics? Didn't happen.

Hint, hint. ;)

Sawdust
 
Graywolf had a thread at Arfcom a while back saying he was gonna have some more of these made. You might go over there and do a search and see what the status is.
 
(Given the subject matter in question, this is firearms related.)

A useful link on the subject of intellectual property and the various kinds of fair use:
http://www.publaw.com/parody.html

And furthermore, also very helpful:
http://www.faegre.com/articles/article_912.aspx

Basically, it's ok to use another's trademarked and/or copyrighted material as long as the purpose of including the protected contect is not purely for commercial gain, but also has some artistic and/or political value, and so long as the consumer is not likely to be confused about whether or not the product is originating from the owner of the source intellectual property.

So in other words, if you're gonna sell a product with Kalashnikitty on it, it's probably best to throw a disclaimer on it. If it's for purely personal purposes, it's probably not necessary.

I am not a lawyer.

-twency
 
In other words, this would probably be ok without disclaimer, but only if you weren't selling it.
 

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You could also change the colour of the shirt on the character.
You could also change the flower to a different kind of flower or another character alltogether. Such as an UMC 7.62x39 cartridge headstamp.

These changes would help avoid confusing the different characters.
 
you could draw a new kitty and be original too

if a peer can see the relationship to the previous art
its an infringement
 
if a peer can see the relationship to the previous art its an infringement
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Ah, but the nature of a parody is that the relationship to the previous art is readily evident, else the parody would fail. Thus, the fact that there is an obvious relationship to prior art does not in and of itself mean that the prior art is being infringed.

I am not a lawyer.

-twency
 
ergo:
Dali2.jpg
 
cafe press is copyright interupt driven

if no one complains, they print until someone complains, then they shutdown the site

the max print is ~8x10
 
I like the StonerKitty Idea, I would also like to see M-24Kitty a 1911Kitty, GarandKitty and how about 50BMGKitty?

Anyone good with Paint or other drawing package?
 
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