{"product_id":"vragen-57811-goede-avond-ik-heb-een-vraagje-omtrent-auteurs-rechten-ik-heb-laatst-een-product-gemaakt-en-op-mijn","title":"Help with Copyright and Legal Questions","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e \nGood evening I have a question about copyrights! I recently made a product and put it up for sale on my page for a small price.. within 10 minutes I got a message that I would violate the lady's copyrights and that I had to remove it, otherwise she would take legal action.. Now our designs look a little bit similar but different wood is used, different font, different colors!.. now I have also found the product on other pages and this lady says that she has already taken legal action against those other companies.. I have contacted one of those 'companies' and they say they have never heard of her!.. can it really be that she has copyrights on this or is she trying to scare me because she is afraid that she would 'lose potential customers?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nIf this is a product that is based on a model previously devised by the lady and you and the others have made some adjustments to it but not to the extent that it is a new invention; then the lady can indeed invoke the copyright. She must be able to demonstrate that it is her invention. If you wish, I can assess the case.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Yes, very much so!\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nI don't read an appeal to a registered design right, so we'll leave that out of consideration for the moment. In the case of copyright infringement, there must first be a question of copyright; how creative is what the lady made compared to what was already there? Second step: did the lady design it herself (let's assume that for the sake of convenience). Third step: is there an infringement? For that, you must first have seen the other person's product and then started copying it (with possibly some deviations). If you have come up with almost the same thing completely independently and creatively without examples, there is no copyright infringement. In addition to copyright, there is a chance that the other person is appealing to so-called 'slavish imitation' or an unregistered (max. 3 years valid) design right, both of which also require that you first have seen the other person's product, and that (roughly translated, not entirely correct) the other person's product must deviate sufficiently from what was already there. Of course, I don't know how much turnover you expected to make with the product; if that is a huge amount, it would be worth having our office take a look at it. It is important that I not only receive a photo of your product and the other person's product, but also of what was already there before the other person's product. \n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55005500506461,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-57811-goede-avond-ik-heb-een-vraagje-omtrent-auteurs-rechten-ik-heb-laatst-een-product-gemaakt-en-op-mijn","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}