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is the actually against the law?

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Old February 20th, 2008, 20:31   #16
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Yeah, it would indeed be copyright infringement, especially if you also wanted the Diemaco logo on it. Overseas airsoft gun manufacturers (for the most part) will pay for a license to use the trademarks.

Other trademarked stuff (like a lot of the knockoff EOTech, Aimpoint, Elcan, etc sights) that we see sold here on the forums are all made in China where copyright laws are pretty much non-existent. They are technically all copyright infringement and considered counterfeits, even though they're being sold as reproductions and not the real deal. And counterfeit ANYTHING is illegal in Canada.

Having a business put another company or organization's (like Diemaco or CF logos) on a product will be hit or miss.
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Old February 21st, 2008, 00:19   #17
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I'm not a lawyer, but from my dealings with Copyrights, I do believe that this wouldn't in fact be a copyright infringement as it's being done by an individual for personal use: it falls under "Fair Use."

It'd be a copyright violation if it was being done commercially, or in an attempt to knock something off (that's more intellectual property/patents) or misrepresent a product (counterfeit).

We're allowed to record TV shows on VCRs or whatever, copy songs off our CDs onto our MP3 players, or photocopy a page out of a book -- even though those are all copyrighted works. Similarly (maybe more relevant to this case), unauthorized printing and selling a Tshirt of a band (trademark) would be illegal, but you can make one for yourself.

Kinda like Fan Art.
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Old February 21st, 2008, 00:24   #18
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I'm not a lawyer, but from my dealings with Copyrights, I do believe that this wouldn't in fact be a copyright infringement as it's being done by an individual for personal use: it falls under "Fair Use."

It'd be a copyright violation if it was being done commercially, or in an attempt to knock something off (that's more intellectual property/patents) or misrepresent a product (counterfeit).

We're allowed to record TV shows on VCRs or whatever, copy songs off our CDs onto our MP3 players, or photocopy a page out of a book -- even though those are all copyrighted works. Similarly (maybe more relevant to this case), unauthorized printing and selling a Tshirt of a band (trademark) would be illegal, but you can make one for yourself.

Kinda like Fan Art.
Umm, Im pretty sure disturbing it is illegal so keep in mind, Just because you don't sell it but give it, it's still illegal. and This is the gray zone, lawyer will decide the case
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Old February 21st, 2008, 00:33   #19
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Yeah, but nobody said anything about selling / distributing anything, this is 1 receiver, for personal use, not resale. Drake is 100% right. I forgot about the fair use thing. It's like, for example, how you can use a copyrighted song in a video you make or something, so long as you're not selling it or using it to make a profit somehow, as then you would be profiting from someone else's property, which is the whole point of copyrights.

I figure you ought to be able to get this done using the arguments presented in this thread.

Last edited by Maverick0; February 21st, 2008 at 00:36..
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Old February 21st, 2008, 00:43   #20
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meh, people are stupid (the receptionist i mean) i bought an aimpoint at school from ragis, and i was waiting for the bus and looking through it to test its brightness and stuff. and when i get on the bus, this guy outta nowhere just says "Hey are you sure you are allowed to play with sniper scopes on school property?". Me being a total shit when put on the spot only said "Actually its a RDS and it is totally legal" after which he sat down and shut up. i should have said "Dude, dont be a hero, its a red dot sight. relax. Hell even if i had the biggest baddest heat/night vision scope around, it would still be legal". *sigh* i wish i was better with confrontation. all goes back to my lack of confidence i guess...
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Old February 21st, 2008, 01:25   #21
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like i said, i already found another company that will do it, and this guy has NO issues with what i put on it, he was actually really intrested in trying this project out.
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Old February 21st, 2008, 02:28   #22
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...was the receptionist hot?
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Old February 21st, 2008, 02:35   #23
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That's why she's the receptionist, and not the CEO.
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Old February 21st, 2008, 03:21   #24
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Glad to hear this worked out in the end.
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Old February 21st, 2008, 04:15   #25
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Umm, Im pretty sure disturbing it is illegal so keep in mind, Just because you don't sell it but give it, it's still illegal. and This is the gray zone, lawyer will decide the case
While there's always legal technicalities or angles that can be argued in court, I wouldn't really call it a gray zone, either. Point in case, I'm a photographer. People can, and do, access some of my photos. My work is copyrighted, but there are provisions for Fair Use. Example:

- someone wants to use the picture as their desktop wallpaper: legal

- someone wants to print out a copy (without reference to the quality of their printer) and hang it on their wall: legal

- someone wants to print 100 copies, mount them on frames and sell them at the local flea market/eBay/craigslist/whatever: not legal

- a teacher wants to use the picture as part of classroom material: generally considered fair use

- a store wants to use it as part of their advertising: not legal



That being said, if some small shop in Australia, or short run print magazine in India decides to use it anyway, the odds of me ever finding out are slim-to-none. That's just Life.

Similarly, even on th odd chance Deimaco found out about the receiver, I doubt they'd feel their turf was being muscled in on, and even if they did feel it was an illegal use of their trademark (which probably does hold water) the "damage done" is so negligible that's it isn't really worth going after ("Your Honor, he printed our logo on his toy gun! And then posted a picture on the Internets!")

I'd actually be curious to hear Lawdog chime in on this thread.
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Old February 21st, 2008, 04:18   #26
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I'd actually be curious to hear Lawdog chime in on this thread.
+1
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Old February 21st, 2008, 10:29   #27
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- a teacher wants to use the picture as part of classroom material: generally considered fair use
you do realize most teachers pass beyond the point where its legal
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Old February 21st, 2008, 20:35   #28
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you do realize most teachers pass beyond the point where its legal
Yeah, that's why I put it in as "generally considered fair use." I know teachers tend to push the limits in terms of the letter of the law, but simultaneously I think most people understand what is being done and why and generally give K-12 teachers more latitude (rather than being education nazis). Personally I allow free and unlimited non-commercial use of photos for in-class use. I mean, this is mostly stock photography that sells for pocket change, I don't really care as long they aren't selling it. And as a former teacher (and still have a few friends who still teach) I know how limited budgets are for teachers.

Maybe it earns me karma brownie points or something down the road.

Things do seem to become a lot less merciful when you hit college and university levels, though heh.
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Old February 24th, 2008, 01:36   #29
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You live in Winnipeg? Theres like 2 engraving shops in every mall we have. One of them's bound to do it for you.
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Old February 24th, 2008, 19:01   #30
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i say you shoulda asked for the manager the first time
yeah you shoulda just told the manager the first time so you could get that bitch fired like you said
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