recreating another product

[simplythewild]

What is the name of your state (only U.S. law)? washington (but will sell online)

I am looking to create a product (for example a day planner) to sell and distribute. However there are so many planners out there, how will i know that i am not in infringement of these other planners.

There is one that i love the format of, but would like to redo it with my own spin on things.


I'm curious as to What are the amounts of differences that need to be made in order to not be in copyright?

 

[FlyingRon]

The planning diaries are usually protected by copyright. Just "transforming it" doesn't make it an independent work. I'd not use someone else's product as a basis for your own unless you wan tto risk getting sued.

 

[quincy]

What is the name of your state (only U.S. law)? washington (but will sell online)

I am looking to create a product (for example a day planner) to sell and distribute. However there are so many planners out there, how will i know that i am not in infringement of these other planners.

There is one that i love the format of, but would like to redo it with my own spin on things.


I'm curious as to What are the amounts of differences that need to be made in order to not be in copyright?

Facts and ideas are not copyrightable. Facts are in the public domain for all to use without risk of infringement, and ideas can be developed by anyone.

You can take from any other day planner, for example, facts such as the months, weeks and days of the year. This information is in the public domain and a common element to all day planners.

You must, however, present these facts in your own original and creative way (page lay-out and design or format, additional touches such as photos or quotes, etc). The additional touches added to the facts will be what are copyright-protected and, sometimes, trademark-protected.

It will be your "own spin on things" added to facts in the public domain that will make your own product copyrightable.

If unsure if your idea for your product will infringe, do a mock-up and have this mock-up personally reviewed by an IP attorney in your area. If changes need to be made, they will be easier to make to a mock-up than to products already created and ready for market.

Good luck.