2016 Poker Chips....

[CigarNut]

Originally Posted by longknocker

Still Favor Something Similar To This.

I agree with Greg.

[nutcracker]

How about a guy like this then? Swap out cigarette for big cigar.

http://www.ww2gyrene.org/boot_camp.htm

[hotreds]

The more I think about it, the more I realize that we need to make our own! I was thinking about Churchill or US Grant- but I'm sure their visages are also copyrighted!

[Weelok]

Originally Posted by hotreds

The more I think about it, the more I realize that we need to make our own! I was thinking about Churchill or US Grant- but I'm sure their visages are also copyrighted!

The images themselves aren't but the picture might be. I think since we don't "profit" from the images and just use them for a hobby if you will, most likely we can do whatever we want butI am no lawyer.

Most likely we are below radar and concern. I can ask some lawyer friends but they don't specialize in copyright or patents so they would just be a slightly better opinion then myself.

Maybe Warner Bros will respond and a CEO will want to talk cigars? Could happen hah.

[CRIMPS]

[Weelok]

Ok, here is the legal side. Summary, as long as we don't profit from the image, we can pretty much do whatever we want.

http://info.legalzoom.com/profit-vs-...ues-20396.html

Profit and Remedies

If your use of a copyrighted work is found to be an infringement, a variety of legal remedies are available to the copyright holder. If the copyright was registered with the U.S. Copyright Office before you infringed it, or within three months of its publication, you may be fined between $750 and $150,000 per act of infringement at the discretion of the court. The fact that you profited from the work might lead a court to assess a higher damage award against you. If the copyright was not registered in time, the court may still order you to turn over all of your profits to the copyright holder. If your use was for non-profit purposes and the work was not registered, the copyright holder must prove that he suffered actual damages from your use to win a judgment. It is often quite difficult to prove damages in copyright infringement cases when the infringing party did not profit from his use of the copyrighted material.

The nonprofit angle is often used by YouTube gamer commentaries when in game audio includes music that is trademarked. If you do not profit, Sony can't cause your video to be removed however, if you turn on advertising and profit, then Sony can make claims to the audio if it can meet some threshold above Fair Use which YouTube gives to Sony upon any claim. So video game reviewers have taken to removing music audio tracks if possible if they intend to profit from the review. Conversely, Twitch TV streams the actual content as it's being played and hasn't run afoul of Sony I presume because the stream isn't saved just broadcast.

Summary, we can do whatever we want, have at it.

[T.G]

Originally Posted by Weelok

Ok, here is the legal side. Summary, as long as we don't profit from the image, we can pretty much do whatever we want.

http://info.legalzoom.com/profit-vs-...ues-20396.html

Profit and Remedies

If your use of a copyrighted work is found to be an infringement, a variety of legal remedies are available to the copyright holder. If the copyright was registered with the U.S. Copyright Office before you infringed it, or within three months of its publication, you may be fined between $750 and $150,000 per act of infringement at the discretion of the court. The fact that you profited from the work might lead a court to assess a higher damage award against you. If the copyright was not registered in time, the court may still order you to turn over all of your profits to the copyright holder. If your use was for non-profit purposes and the work was not registered, the copyright holder must prove that he suffered actual damages from your use to win a judgment. It is often quite difficult to prove damages in copyright infringement cases when the infringing party did not profit from his use of the copyrighted material.

The nonprofit angle is often used by YouTube gamer commentaries when in game audio includes music that is trademarked. If you do not profit, Sony can't cause your video to be removed however, if you turn on advertising and profit, then Sony can make claims to the audio if it can meet some threshold above Fair Use which YouTube gives to Sony upon any claim. So video game reviewers have taken to removing music audio tracks if possible if they intend to profit from the review. Conversely, Twitch TV streams the actual content as it's being played and hasn't run afoul of Sony I presume because the stream isn't saved just broadcast.

Summary, we can do whatever we want, have at it.

"This article was created by and is owned by Demand Media, its subsidiaries, affiliates, or contractors ("Demand Media") and do not necessarily reflect the views or opinions of LegalZoom. Nothing stated or implied in this article should be construed to be legal, tax, or professional advice. Demand Media is not a law firm and this article should not be interpreted as creating an attorney-client or legal advisor relationship. For questions regarding your specific situation, please consult a qualified attorney. LegalZoom is not a law firm and can only provide self-help services at your specific direction."


Also bear in mind that the company manufacturing the poker chips will be making a profit, so using an image without permission potentially puts them at risk. Your you tube example is not applicable since there are no tangible, physical goods involved, and no third party making a profit.

[bonjing]

How about a limited run of the ToE. A limited number of each chip with one of the ToE's picture on each chip

Sorry ToE's, I just woke up

[hotreds]

Hafta agree with Adam. The TOE will have to make the final decision, but in the litigious society we live in we need to tread carefully when using images of people or cartoons/drawings. Even if I take a picture of a guy re-enacting a German General- if I want to profit from that picture I would need his permission. That is why some photogs have model releases in their camera bags. Ideally we have one of the talented folks here draw a soldier and use that depiction on the coin. I doubt a small group like ours has anything to worry about and IF we were "found out" we'd probably simply get a "cease and desist" order, but why even tempt fate? Let's go with our own design.

[Adriftpanda]

Originally Posted by bonjing

How about a limited run of the ToE. A limited number of each chip with one of the ToE's picture on each chip

Sorry ToE's, I just woke up

They may have to throw Peters chip in the clearance aisle.

[pnoon]

Originally Posted by bonjing

How about a limited run of the ToE. A limited number of each chip with one of the ToE's picture on each chip

Sorry ToE's, I just woke up

You get a pass, buddy.

Originally Posted by Adriftpanda

They may have to throw Peters chip in the clearance aisle.

You, on the other hand.

[icehog3]

How would we ever get a picture of Tyr since we never see him?

[T.G]

Originally Posted by Adriftpanda

They may have to throw Peters chip in the clearance aisle.

I copyrighted Peter's image a few days ago and I find that unacceptable.

A BOGO would be ok by me though.

[pnoon]

Sure. But which one of the many Photochops of me would you use? There are easily a dozen viable choices. Can you say "Commemorative Set"?

[AdamJoshua]

Or we could just email the artist and ask him to use the image, let him know it's not for profit, they are just commemorative and are traded back and forth between the members, maybe toss him a cigar or two if he's interested, I don't think it's a huge deal and worth asking. I'm sure there's a contact link on that site is anyone here a member of Deviant?

[Weelok]

Originally Posted by T.G

Also bear in mind that the company manufacturing the poker chips will be making a profit, so using an image without permission potentially puts them at risk. Your you tube example is not applicable since there are no tangible, physical goods involved, and no third party making a profit.

You bring up an interesting point however I stand by my assertion that it's a non-profit activity since the company making the chips makes profit from the chips themselves and not from any artwork etc we ask them to use. The same could be said for publishers of others works as well as T-Shirt companies who provide a service to the owners of the images but don't actually profit from the copywrited material and instead profit from the service.

So back to my assertion, we can use the images as long as it's not for profit for ourselves. And even more so if it's a one time activity and on a limited run.

[pnoon]

Unless folks posting here practice copyright/patent law (and can offer solid advice), I am inclined to avoid any possible issues - no matter how strong the assertions or "potential" lack of risk.

[nutcracker]

So my mate Jon (who did the soldier guy I posted) can draw just about anything. So with some generic guidelines, he'll whip us up some samples.

I'll ask him to do a few military theme subjects - concept sketches first.

[pnoon]

Originally Posted by nutcracker

So my mate Jon (who did the soldier guy I posted) can draw just about anything. So with some generic guidelines, he'll whip us up some samples.

I'll ask him to do a few military theme subjects - concept sketches first.

Thanks, Neil.

[WhiteMamba]

A Mountie with a cigar hanging from his mouth? It could be a regional release