Reproduction of UIO

[ApatheticApache]

What is the name of your state (only U.S. law)?
Tennessee
Can an Unidentifiable Inanimate Object be reproduced for sale? The form would be identical albeit in a different medium/material. The object in question has no identifying information, is likely antique, and would also be used for a different purpose than the original. Small numbers at first but if it takes off, I want my bases covered.

 

[FlyingRon]

You have to give me an example of what you are talking about. If the item was some creative aspect for it, that expression is likely protected by copyright (subject to the duration aspects of the law). Of course, if it's covered by patent, its operation is also protected (again subject to the duration of the patent). Sine design aspects (like a coke bottle shape) may rise to the level of trademark protection (which can go on indefinitely if the owner uses it in commerce). If you're talking about copying some piece of colonial furniture, sure have at it. If you're talking about something more modern, etc... you'll have to explain what it is.

 

[quincy]

What is the name of your state (only U.S. law)?
Tennessee
Can an Unidentifiable Inanimate Object be reproduced for sale? The form would be identical albeit in a different medium/material. The object in question has no identifying information, is likely antique, and would also be used for a different purpose than the original. Small numbers at first but if it takes off, I want my bases covered.

Almost all objects that have been created by someone can be identified. Your first task will be to identify the object and/or its age to determine if any rights exist that could prohibit your reproduction of the object and the sale of the reproduction to others.

If you are reluctant for some reason to disclose many facts about this object to others on a public forum, you should seek out assistance from a professional in your area.

 

[ApatheticApache]

Almost all objects that have been created by someone can be identified. Your first task will be to identify the object and/or its age to determine if any rights exist that could prohibit your reproduction of the object and the sale of the reproduction to others.

If you are reluctant for some reason to disclose many facts about this object to others on a public forum, you should seek out assistance from a professional in your area.

It is a small rubber (vinyl?) statue of a child. It's kinda cartoonish. No manufacturing marks, leads me to believe it's antique. I have searched the internet for a similar object, to no avail.

 

[ApatheticApache]

You have to give me an example of what you are talking about. If the item was some creative aspect for it, that expression is likely protected by copyright (subject to the duration aspects of the law). Of course, if it's covered by patent, its operation is also protected (again subject to the duration of the patent). Sine design aspects (like a coke bottle shape) may rise to the level of trademark protection (which can go on indefinitely if the owner uses it in commerce). If you're talking about copying some piece of colonial furniture, sure have at it. If you're talking about something more modern, etc... you'll have to explain what it is.

It is a small rubber (vinyl?) statue of a child. It's kinda cartoonish. No manufacturing marks, leads me to believe it's antique. I have searched the internet for a similar object, to no avail. I believe it was commercially produced but**************.

 

[FlyingRon]

Absent markings, it would likely have to be produced later than the sixties to have copyright protection. Unless it rises to the level of some recognizable trademark (like a Disney character, for example), then you are probably OK.

 

[quincy]

It is a small rubber (vinyl?) statue of a child. It's kinda cartoonish. No manufacturing marks, leads me to believe it's antique. I have searched the internet for a similar object, to no avail. I believe it was commercially produced but**************.

The lack of identifying marks may or may not mean it is an antique. Many antiques are marked.

I think you need to do a better search for the manufacturer of the statue before going ahead and reproducing the statue for commercial sale. Even if not protected under copyright laws, mass produced items will generally have a trademark holder somewhere.

In other words, I am not ready to give you the assurances that FlyingRon is giving you without knowing far more than what we know.

 

[ApatheticApache]

Absent markings, it would likely have to be produced later than the sixties to have copyright protection. Unless it rises to the level of some recognizable trademark (like a Disney character, for example), then you are probably OK.

Not a Disney or any known character. I thought I would be okay due to the obscurity,age, and lack of manufacturing marks but you know what they say....ass/u/me. Thanks for the reply. I appreciate it.

 

[ApatheticApache]

The lack of identifying marks may or may not mean it is an antique. Many antiques are marked.

I think you need to do a better search for the manufacturer of the statue before going ahead and reproducing the statue for commercial sale. Even if not protected under copyright laws, mass produced items will generally have a trademark holder somewhere.

In other words, I am not ready to give you the assurances that FlyingRon is giving you without knowing far more than what we know.

Understood, thank you.

 

[quincy]

Understood, thank you.

You're welcome, ApatheticApache.

Both FlyingRon and I appreciate the thanks.

Good luck.

 

[ApatheticApache]

Update

You're welcome, ApatheticApache.

Both FlyingRon and I appreciate the thanks.

Good luck.

I received an email from a family member with pictures. It was manufactured in the 50's. That is all that is known

 

[quincy]

I received an email from a family member with pictures. It was manufactured in the 50's. That is all that is known

You will still need to find out who manufactured the item - and it helps to know for what purpose the item was manufactured and where the item was manufactured.