Legal Question in Business Law in New York
Copywrite Law
To whom it may concern:
I am having dificulties understanding copyright infringement laws. I did my own birth announcements that are in a famous magazine cover layout. The title is Sports Illustrated and has all the baby's information on the cover it is approximately 4'' x 6''. Is there a penalty for copying Sports Illustrated for my birth announcements? Are there any laws I need to folloow in order to create my announcements using this layout?
Any advice would be great,
Thank you
2 Answers from Attorneys
Re: Copywrite Law
It is a technical violation of the copyright and possibly trademark laws to use someone else's intellectual property in the manner you describe. The penalties for such violations can be substantial.
However, it is highly unlikely that SI would do anything about it, for two reasons: 1) it's unlikely that they'd know about the infringement, and 2) actually bringing the case against you under these circumstances would be more expensive than it's worth, both in terms of money and bad publicity.
The short answer is that you shouldn't do it again. But I wouldn't worry too much about a previous use, unless you've received a complaint from the magazine or its representatives.
If you have received such a complaint, you should contact an attorney promptly, and not answer the complaint yourself.
Re: Copyright Law
Most certainly there are. The Sports Illustrated trademark and the information contained in the articles published in the magazine, are all subject to federal copyright law. Trademarks govern product identity and copyrights are to identify the owner of intellectual content. The penalties for infringement are usually civil damages and injuctive relief.
However, if what you are discussing is a private announcement that is being mailed to your family friends, and there is little chance of confusion with the actual magazine, I would suggest that you contact the publisher and request permission for this limited use.
Perhaps they will ask you to include a small statement identifying the actual publisher, and that it is used with their permission. If it is not granted, don't do it. Use the layout and change the name.
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