Is it copy right?

Discussion in 'Transformers General Discussion' started by Lord Shockwave7, Dec 15, 2010.

  1. Lord Shockwave7

    Lord Shockwave7 Xbox Live Dictator

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    I run a group on xbox live 50+ members since 2006. Its been very succesful since the begining so The owner Lord Megatron 7 and I decided to Give it a name, logo, and copyright them.

    The name is Heralds of Cybertron.

    My wonder is that since we would copyright it as Heralds of Cybertron and not just "Cybertron" would that be copyright infringment? Also, we wanted to include "Light our Darkest Hour" in the logo. It wouldn't be the logo but go under it. we wouldn't claim it as our own.


    I only want poeple who actually know what they are talking about to reply.
     
  2. grimlock1972

    grimlock1972 "No Mas" My Wallet

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    you might not be able to legally get the Copyright/trademark for the name as Has/Tak surely owns the trademark on Cybertron but as long as you don't try to profit from it I think using it should be okay.
     
  3. Hobbes-timus Prime

    Hobbes-timus Prime Well-Known Member

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    Cybertron is a trademark you can expect Hasbro to aggressively protect. You would probably be denied your copyright because of that, so no technical infringement could be committed if you attempted to register it.

    I'd find a new name if you want to operate the group under a copyright - but I'm not sure why you would.
     
  4. Lord Shockwave7

    Lord Shockwave7 Xbox Live Dictator

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    if thats true then that sucks, we were going to sell T-shirts. Well I geuss that would be a good alternative to giving point cards away as a monthly prize. Can i get some more confermation just in case.
     
  5. Lord Shockwave7

    Lord Shockwave7 Xbox Live Dictator

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    So we could sell merch. plus we've done good for our self for years and the members have dedicated parts of their lives to being a part of it. so it deserves a little more than just credit as a good group.
     
  6. Lord Shockwave7

    Lord Shockwave7 Xbox Live Dictator

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    and because we can
     
  7. Hobbes-timus Prime

    Hobbes-timus Prime Well-Known Member

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    You can't legally put a word someone else made up and copyrighted on a t-shirt you're selling based on the success the other party had with their made-up and copyrighted word. That's all kinds of infringement.

    You could probably get away with it, bootleg shirts get printed and sold all the time, but it's infringement. I am not, BTW, advising you to attempt to get away with it.
     
  8. Sol Fury

    Sol Fury The British Butcher Administrator News Staff

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    Seriously doubt you could lay claim to the name as you're not "publishing" or otherwise "using" the name in a commercial sense.

    Plus I think anything containing Cybertron is a no-go due to Hasbro holding the rights to the name, you couldn't claim it as a "common" word as it is pretty restricted just to Transformers.

    I don't think if you were to try to protect the name you could use "Now light our darkest hour" in any form.

    I think just create the name and don't use it for any profit related pursuits and you will be fine. As far as fandoms go, Hasbro is relatively easy-going on the use of their names unless you start trying to sell stuff named after their things.
     
  9. Lord Shockwave7

    Lord Shockwave7 Xbox Live Dictator

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    This is all very reasonable. We weren't going to protect it but we did want to sell merch for the members.
    Would we be able to have merch made to give away for prizes, we give out periodic prizes for different reasons.
     
  10. Lord Shockwave7

    Lord Shockwave7 Xbox Live Dictator

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    bump
     
  11. rosedoggydog

    rosedoggydog Well-Known Member

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    I'm with Hobbes on this.

    You could always try "Scibertron" though but that would be the same as saying "MacDonalds" and most likely wouldn't fly either.

    Most likely bootlegging until you get a cease and desist letter Hasbro is the way to go if you want to sell/profit from it.

    You might want to look more into how T-Shirt makers vs The New Orleans Saints went down (all the mumbo jumbo) before the Saints gave up. This is in regards to last years Superbowl.
     
  12. Lord Shockwave7

    Lord Shockwave7 Xbox Live Dictator

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    I dont want to do anything that close to illegal. we didnt want to make a profit, we just wanted to fund our website with the merch. I geuss we'll just have to pay for it like normal. I want to know if I would print the name on a shirt or on merch and give it away as a prize but not make money.
     
  13. D-Unit

    D-Unit #1 Heel

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    My dad and best friend are lawyers, so I can unfortunately tell you that's asking for trouble going up against a big corporate comapny that's been around 40+ years. Be careful my friend....
     
  14. Lord Shockwave7

    Lord Shockwave7 Xbox Live Dictator

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    Im not willing to go up agianst someone as big as hasbro.

    but yet again i want to know.
    could we print the merch and give it away for free.
     
  15. Hobbes-timus Prime

    Hobbes-timus Prime Well-Known Member

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    Technically, I think you could.

    But why not go with a name you could copyright and profit from?
     
  16. Lord Shockwave7

    Lord Shockwave7 Xbox Live Dictator

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    because the name would probably be lame and we didnt expect a profit anyways we just wanted a way to pay for our new website.
     
  17. Hobbes-timus Prime

    Hobbes-timus Prime Well-Known Member

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    Well, that's all I meant.
     
  18. Nevermore

    Nevermore It's self-perpetuating a parahumanoidarianised!

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    And just for the technicality, I'd once again like to point out the difference between "copyright" and "trademark":

    "Copyright" is the right to copy something, specifically the individual expression of ideas. You can't copyright the idea "Character A kills character B". However, a more specific version of that (scene layouts, details, dialogue) can be copyrighted. Simply put, copyright protects stories and artwork.

    You can't copyright a name, otherwise everyone writing down that name or "performing" it (i.e. saying it aloud) would be committing copyright infringement.

    You can trademark a name, however, if the name isn't too generic and not descriptive. Trademark only applies in commerce, as an identification of goods or services.

    Simply put, you write a book about character A murdering character B with dialogue, that's protected by copyright. The title you sell the book under (for example, "Murder Academy") would have to be trademarked.

    If another company is already using the trademark in the same field (in the hypothetical case, books), you need to find another title.
     
  19. Lord Shockwave7

    Lord Shockwave7 Xbox Live Dictator

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    well thanks for the copyright info. all we needed was a name and we got one so anything else was extra but thanks.

    also if anyone is interested in an xbox live community group with give-a-ways, great people, and a live experience better than just meeting strangers then contact the Heralds of Cybertron at the gamertags:

    Lord Megatron 7
    Lord Shockwave7
    Lord Soundwave7
    Lord Trypticon7
    Lord Devastator7
    Optimus Prime02
    Guardian Prime2 (soon to be Nexus Prime2)
    Zera Prime2 (will be changed to Zeta Prime2 soon)
    SC Alpha Trion2
     
  20. Hobbes-timus Prime

    Hobbes-timus Prime Well-Known Member

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    You should sell "Lord 7" t-shirts.
     

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