I am trying to make sure, and also prove to someone that 'THE DUDE ABIDES' is not a trademarked sentence, that it is not illegal to create things that say 'THE DUDE ABIDES' on it.
Am i wrong? This is in regard to my first Lebowski Rosary for my etsydotcom shop I've created using a bauble ( made by a nervous about getting sued artist) that says that line.
Thanks for any feedback, Dudes-in-the-know. Or with like, you know, like, opinions, man.
I doubt it. It's too common of a phrase. And under the Copyright clause of "Fair Use;" you are merely quoting a movie.
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.
The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The effect of the use upon the potential market for, or value of, the copyrighted work
The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
If you are worried, just use "Dude Abides," and drop the "The" part. 8)
See - http://www.copyright.gov/fls/fl102.html (http://www.copyright.gov/fls/fl102.html)
Google "The dude abides," you can see it all over the place being quoted.
(http://ep.yimg.com/ay/yhst-39482811324711/the-dude-abides-44.gif)
No idea on the legality. Just wanted to say I dig that pendant. The retro style of it is sharp!
glad you like it, it's for sale, i've got vintage 'lebowski-ist' rosaries, some of which are AWESOME art deco vintage ones bowling medallions on old rosaries.
https://www.etsy.com/shop/TheLebowskiRosary (https://www.etsy.com/shop/TheLebowskiRosary)
Quote from: hannahdude on September 04, 2014, 12:31:57 AM
glad you like it, it's for sale, i've got vintage 'lebowski-ist' rosaries, some of which are AWESOME art deco vintage ones bowling medallions on old rosaries.
https://www.etsy.com/shop/TheLebowskiRosary (https://www.etsy.com/shop/TheLebowskiRosary)
Your rosaries really tie the room together; chant a Lebowski quote for each bead. 8)
Vagina on a cracker.
Quote from: Hominid on September 04, 2014, 01:10:07 AM
Vagina on a cracker.
;D ..............
(http://archive.thv11.com/images/640/360/2/assetpool/photogallery/289390/thumbs6.jpg)
Quote from: hannahdude on September 04, 2014, 12:31:57 AM
glad you like it, it's for sale, i've got vintage 'lebowski-ist' rosaries, some of which are AWESOME art deco vintage ones bowling medallions on old rosaries.
https://www.etsy.com/shop/TheLebowskiRosary (https://www.etsy.com/shop/TheLebowskiRosary)
I commend your art.
Very impressive.
I'm not an intellectual property lawyer...but I did sleep in a ditch last night.
You're fine using it for your own purposes. Using it commercially (i.e., for profit) may be a different matter; although, even then, I doubt anyone has gone to the trouble of formally trademarking it and, absent that, would have to prove several elements in order to recover against you. I'd be particularly curious whether they could prove some measure of "market confusion" given that the line is an iteration or paraphrasing of much older constructs and, to my knowledge, hasn't been branded to various jewelry-type products.
Well dude, we just don't know... Unfortunately I can't help you either regarding the legal matters or what have you but just wanted to say that I dig this! I added your Etsy Shop to my favorites when I saw your post in the Shoutbox the other day. If I ever have the bones I may have to make a purchase. Good stuff... Each piece is an achievement!