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BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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for BizIPEsq. only to BizIPEsq 9:53 AM just a clarification,

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for BizIPEsq. only

to BizIPEsq
9:53 AM
just a clarification, if I make these hats using her copyrighted pattern, are the hats I make covered by her copyright or are they considered the work of my hands and thus my property and legal to sell?

BizIPEsq. :

Thank you for requesting me. If you are using her copyrighted pattern you are then infringing on her copyright and you are not permitted to sell the hats. The hats are considered derivative work and only the copyright holder has the right to make derivative work from the underlying copyrighted work.

BizIPEsq. :

As an alternative you can use her design for inspiration only and create your own design. As long as your design is substantially different than the other designs and therefore creative in their own merit then the new work would be your work. Often times this is achieve through a re-arrangement of elements, creating new elements or eliminating unqiue elements in the underlying design

BizIPEsq. :

In conclusion, you cannot use her design to create your hats and if you do she could claim damages and ask for profits (it would depend if the design have been registered). As an alternative create your own unqiue design and use hers as inspiration only.

BizIPEsq. :

Thank you for your continued patronage

BizIPEsq. :

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