LOL.. someone has been spending way too much time with KMH. It is a birthday card for his son!!!
So that makes it okay?
Isn't amazing how the criminal mind works and can rationalize a justification for just about any unlawful action?
Plus, TPF has some rules and regs that apply here before copyright even gets considered:
Photography Forum & Digital Photography Forum FAQ
* You agree to only post images and/or other material to which you have exclusive copyright, or permission from the copyright holder that you are able to present to TPF Staff. Under no circumstances will any instance of copyright infringement be tolerated.
And contary to popular internet urban legend, commercial use is not a condition that has to be met to constitute copyright infringement. See USC Title 17
like i said, if you aren't selling or distributing...
§1309 · Infringement
(a) Acts of Infringement.—Except as provided in subsection (b), it shall
be infringement of the exclusive rights in a design protected under this chapter
for any person, without the consent of the owner of the design, within the United
States and during the term of such protection, to—
(1) make, have made, or import,
for sale or for use in trade, any infringing
article as defined in subsection (e); or
(2)
sell or distribute for sale or for use in trade any such infringing article.
(b) Acts of Sellers and Distributors.—
A seller or distributor of an infringing article who did not make or import the article shall be deemed to have
infringed on a design protected under this chapter
only if that person—
(1)
induced or acted in collusion with a manufacturer to make, or an importer to import such article, except that merely purchasing or giving an order
to purchase such article in the ordinary course of business shall not of itself 270 Copyright Law of the United States
§1309 Protection of Original Designs
constitute such inducement or collusion; or
(2) refused or failed, upon the request of the owner of the design, to make
a prompt and full disclosure of that person’s source of such article, and that
person orders or reorders such article after receiving notice by registered or
certified mail of the protection subsisting in the design.
(c) Acts without Knowledge.—It shall not be infringement under this
section to make, have made, import, sell, or distribute, any article embodying a
design which was created without knowledge that a design was protected under
this chapter and was copied from such protected design.
(d) Acts in Ordinary Course of Business.—A person who incorporates
into that person’s product of manufacture an infringing article acquired from
others in the ordinary course of business, or who, without knowledge of the protected design embodied in an infringing article, makes or processes the infringing
article for the account of another person in the ordinary course of business, shall
not be deemed to have infringed the rights in that design under this chapter except under a condition contained in paragraph (1) or (2) of subsection (b). Accepting an order or reorder from the source of the infringing article shall be deemed
ordering or reordering within the meaning of subsection (b)(2).
(e) Infringing Article Defined.—As used in this section, an “infringing
article” is any article the design of which has been copied from a design protected
under this chapter, without the consent of the owner of the protected design. An
infringing article is not an illustration or picture of a protected design in an advertisement, book, periodical, newspaper, photograph, broadcast, motion picture,
or similar medium. A design shall not be deemed to have been copied from a
protected design if it is original and not substantially similar in appearance to a
protected design.
(f) Establishing Originality.—The party to any action or proceeding
under this chapter who alleges rights under this chapter in a design shall have
the burden of establishing the design’s originality whenever the opposing party
introduces an earlier work which is identical to such design, or so similar as to
make prima facie showing that such design was copied from such work.
(g) Reproduction for Teaching or Analysis.—It is not an infringement
of the exclusive rights of a design owner for a person to reproduce the design in
a useful article or in any other form solely for the purpose of teaching, analyzing,
or evaluating the appearance, concepts, or techniques embodied in the design, or
the function of the useful article embodying the design.
![[No title]](/data/xfmg/thumbnail/32/32714-c30959d32073fa735ae7520dd978cd3b.jpg?1734162336)
