Legal Question - Fly Tying

[FullMonte]

i also dont think you could be held liable if your manuscript is published before any trademark or copyright is granted. if its already published beforehand, you didnt infringe on any copyrights, as none existed at publication.

Actually, the copyright exists as soon as the term is first published. However, in order to sue, it must be registered. Here's where the fun part comes into play...

If the copyright is registered within 3 months of an infraction, the copyright holder can sue for statutory damages and legal fees. So, if the book is published, and the term is registered as a copyright within 3 months, they could sue.

I still think it's irrelevant, since I can't imagine that term being registered...It's too common a term.

[Skeet]

hmmmm...I wonder..if John Barr decided to register his "Copper John" (forgive me John for using you as an example), what kind of royalties could he derive? My God, people in the industry...this is or was, fly fishing...the beginnings of which were founded on the sharing of ideas...except the closely guarded & oft copied tapers in bamboo rods & folks didn't spend their time trying to sue the competition or the public because we tried to emulate them...which is flattery in the highest form! Not legal advise, I know, but just a hearty *sigh* to hear this kind of on going trivia!

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"..so many fish, so many flies..do I have enough time?"

[Byron Zuehlsdorff]

Gee, if I copyrighted FLY FISHING, do you think I could retire???



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Wyo-blizzard

[Jayatwork]

Skeet wrote: "hmmmm...I wonder..if John Barr decided to register his "Copper John" (forgive me John for using you as an example), what kind of royalties could he derive?"

If you look at a Copper John from Umpqua, it's listed as "Copper John, Barr's TM". They pay royalties to John Barr. They do that for alot of "name" tiers. I think it's voluntary and doesn't prevent anyone else from tying and selling Copper Johns.

Jay