Making Your Own Tail - Copyright Infringement?

[maemermaid]

Hello Mer-Friends!
I just got my Mermaid Kariel tail and the thought came to mind that I may want to make a neoprene fin in the future. In my terms agreement though, it states that all her products are copyrighted and I cannot infringe on her products. My question is, if I make my own fin with neoprene, not a replica of her work (i.e. different techniques and some different materials), and not a copy of any of her other designs am I infringing on any copyrights?
Let me know your thoughts!

[Coradion]

I would e-mail Kariel, she's really nice. Her main thing is she doesn't want people replicating her work or style. If you want to make your own neoprene tail and you have your own designs in mind she might be amenable to that. I think she primarily doesn't want someone to buy one of her tails, take it apart and then start reproducing her work.

[maemermaid]

Which makes total sense! It's just something I had thought of before and it would suck if making a neoprene fin would be out of the question now! Haha I will definitely ask her (:

[AniaR]

copyright doesnt apply to garments or tails or costumes etc. It can apply to a character however. so no even when someone states that you arent legally infringing. And besides it sounds like you're not intending to copy her anyway.

[-Annwyn-]

Kariel doesn't have a monopoly on neoprene tails. Nor does Hannah, or Morticia for that matter. Design your own and make it, who cares?

I think the main issue here is if you designed a replica Kariel tail and then tried to sell it whilst still claiming it to be a Kariel tail.

[Coradion]

Eh, it's a little more complicated than that with Kariel's work. This is the first I've heard of her selling her personal tails and she's very careful about who she teaches tail making and design to. There have been problems in the past from what I've heard with people who worked for her that left her company and start making and selling tells using her work as the model. Hence the caution. I would check your contract cause for some of them there's like only a one or two year waiting period from what I've heard. It's true you can't copyright garments but if you agree to something when you purchase it, you still agreed to something. Kariel is really nice and really reasonable, again I'd just shoot her an e-mail now or when you start thinking you're ready to make your own tail if you decide to.

[Mermaid Kelda]

Surely there's nothing wrong with it if you don't make a copy of hers, though. That'd be like buying a cotton dress and having the seamstress tell you "you can't ever make your own dress from cotton". As long as it's different and doesn't use her exact methods, I can't see a problem, regardless of contracts/the existence or non-existence of copyright.

[-Annwyn-]

Surely there's nothing wrong with it if you don't make a copy of hers, though. That'd be like buying a cotton dress and having the seamstress tell you "you can't ever make your own dress from cotton". As long as it's different and doesn't use her exact methods, I can't see a problem, regardless of contracts/the existence or non-existence of copyright.


This ^^^^^

[AniaR]

we have loads of threads on here about copyright where we've broken down all the north american laws. working for someone and then stealing their technique and doing it elsewhere, isn't the same as copyright infringement. it's something totally different. You're fine.

[OrcaMatt]

Debate as old as time....fight as old as rhyme....

[SeaGlass Siren]

BEAUTY AND THE BEEAAAAST


*Cough* sorry to derail, i'll get out now.

[AniaR]

hahahaha I love u Matt

[maemermaid]

Hahah you are all so wonderful. This thread actually got quite hilarious! "NEVER MAKE A COTTON DRESS EVER" hahahah oh man! Thanks for your thoughts everyone. I actually asked Kariel herself and she was happy to explain (:

[Mermaid Kelda]

What did she say?

[JamesGunnels]

If you see a fluke design that you just love and would like to use it, however, all ya need to do is ask to use another persons fluke. I have always loved Thom's Splash tail fluke, and he's given me permission to use that fluke. It's a classic! How could ya NOT wanna use it? lol

[Meronica]

How would making another neoprene tail be copyright infringement unless you deliberately went out to copy her? Even then I don't think it would be illegal, just distasteful (*cough*evatail*coughcough*).

Make a tail in your own style and be sure to post pics! I'm sure we'd all love to see it!


Sent from my iPhone using Tapatalk

[Atlantisblue]

Truth be told if monofins and tails could be copyrighted then there could only ever be one maker

[Mermaid Momo]

What'd Kariel say she meant about the copyright infringement because I can see no way that a tail could be copyrighted, not the materials, not the way it's made, nothing.(maybe a fluke style, though not legally copyright, it sort of is in the community) The only thing I can see as infringing would be making the tail and then selling it under the pretense that it's a tail made by her. but I'm really curious what she meant.

[Rogue Siren]

Is it possible to patent a tail? Like a certain fluke? That seems possible.....just thinking aloud. I watch too much Shark Tank. lol