Oh linking! Let's have fun.
From the US Copyright Office: http://copyright.gov/comp3/chap900/ch900-visual-art.pdf
906.2 Familiar Symbols and Designs
Familiar symbols and designs are not protected by the Copyright Act. 37 C.F.R. §
202.1(a). Likewise, the copyright law does not protect mere variations on a familiar
symbol or design, either in two or three-dimensional form. For representative examples
of symbols or designs that cannot be registered with the U.S. Copyright Office,
see Chapter 300, Section 313.4(J).
A work that includes familiar symbols or designs may be registered if the registration
specialist determines that the author used these elements in a creative manner and that
the work as a whole is eligible for copyright protection.
Examples:
Francis Ford created a sketch of the standard fleur de lys design used by the French monarchy. The registration specialist may refuse to register this claim if the work merely depicts a common fleur de lys.
Samantha Stone drew an original silhouette of Marie Antoinette with a backdrop featuring multiple fleur de lys designs. The registration specialist may register this work because it incorporates an original, artistic drawing in addition to the standard fleur de lys designs
And section 313.4.
313.4(J) Familiar Symbols and Designs Familiar symbols and designs are not copyrightable and cannot be registered with the U.S. Copyright Office, either in two-dimensional or three-dimensional form. 37 C.F.R. § 202.1(a). Likewise, the Office cannot register a work consisting of a simple combination of a few familiar symbols or designs with minor linear or spatial variations, either in two-dimensional or three-dimensional form. Examples of familiar symbols and designs include, without limitation:
Letters.
Punctuation.
Symbols typically found on a keyboard, such as asterisks, ampersands, and the like.
Abbreviations. Musical notes and symbols.
Numbers.
Mathematical symbols.
Currency symbols.
Arrows and other directional or navigational symbols.
Common representational symbols, such as a spade, club, heart, diamond, star, yin yang, fleur de lys, or the like.
Common patterns, such as standard chevron, polka dot, checkerboard, or houndstooth designs.
Well-known and commonly used symbols that contain a de minimis amount of expression or that are in the public domain, such as the peace symbol, gender symbols (♀ ♂), the symbols for play, pause, stop, forward, back, simple emoticons such as the typical smiley face (☺), or the like.
Standard industry designs, such as the caduceus, the barber pole, food labeling symbols, hazard warning symbols, or the like.
Familiar religious symbols such as crosses, stars, crescents, and the like.
Common architecture moldings, such as the volute used to decorate Ionic and Corinthian columns.
While familiar symbols and designs cannot be registered by themselves, a work of authorship that incorporates one or more of these elements into a larger design may be registered if the work as a whole contains a sufficient amount of creative expression.
For additional information concerning familiar symbols and designs, see Chapter 900, Section 906.2.
This is not the first time you try to defend copy cats. Who are you? And why are you playing devils advocate? I found always your expressions very shady.
This particular group buy will not happen, because of 1:1 copy (colorway, novelties and name). SP is not going to produce this. These guys got just pricing tiers and are doing a groupbuy without resolving any copyright issues. And yes RainDrop was and is under copyright protection. Thats why SP is not going to manufacture it. This here is dead GB.
Roll the credits!
Let me state first, my pitchfork is out for this set but not because it's a copy. That said, let's jump into your comments and talk about my thoughts on copying then we'll get back to my particular pitchfork.
Colorway copying is legal. Novelty copying (icons, basically) is legal - hence all the icon options you have out there. Beyond that, keyboards are similarly not covered by nature of being a useful article. Under the useful article clause, the useful article isn't protected, only those artistic elements that can be removed from the useful article itself may be protected. Even then, the useful article remains unprotected. Hence why we've had similar colorway after colorway outside the enthusiast community without issue; companies knew the legalities and simply go about their business. The thing I find baffling within the community is that copying seems perfectly fine under certain circumstances. Copy a classic colorway? Great. Custom colors to match the original? Even better. Copy all the various specialized caps the original set had ? Fantastic. Don't have access or permission to the old molds? No worries, get new ones made! Now try that same thing with a modern set and people suddenly get upset.
As for my pitchfork, it's out not because it's a copy but because of the claims of originality. It's clearly not the case.
An keyset is on itself not a usefull article because its a part of a keyboard, which you can also remove. As such RainDrop is a rain themed set and it has its artificial expressions (which are done flawlesly by it Autor), despite the limitations given by form, material, function etc. We are talking here about Art . Giving that this is not just 0815 keysets, its a custom keyset with artificial properties. Because its Art the Autor gets the Copyright protection by creating it automaticaly. Its the same as with writing a song or book, drawing a picture, sculpting, making a photo and every other artificial expression given. And again we are speaking here not about just the colorway but about that RainDrop and its autor is "aggiejy" and he can claim the right for it
In that case you can bring as many law articles as possible which suits your issues you have with this community but they dont fit this particular case because this here is
art. RainDrop is art and nobody can run it just like that without permission of its Autor.
Its just keycaps for you. But for me and many other community members this is art which also makes this hobby so great and explains why you, me and others are here.
Oh linking! Let's have fun.
From the US Copyright Office: http://copyright.gov/comp3/chap900/ch900-visual-art.pdf
906.2 Familiar Symbols and Designs
Familiar symbols and designs are not protected by the Copyright Act. 37 C.F.R. §
202.1(a). Likewise, the copyright law does not protect mere variations on a familiar
symbol or design, either in two or three-dimensional form. For representative examples
of symbols or designs that cannot be registered with the U.S. Copyright Office,
see Chapter 300, Section 313.4(J).
A work that includes familiar symbols or designs may be registered if the registration
specialist determines that the author used these elements in a creative manner and that
the work as a whole is eligible for copyright protection.
Examples:
Francis Ford created a sketch of the standard fleur de lys design used by the French monarchy. The registration specialist may refuse to register this claim if the work merely depicts a common fleur de lys.
Samantha Stone drew an original silhouette of Marie Antoinette with a backdrop featuring multiple fleur de lys designs. The registration specialist may register this work because it incorporates an original, artistic drawing in addition to the standard fleur de lys designs
And section 313.4.
313.4(J) Familiar Symbols and Designs Familiar symbols and designs are not copyrightable and cannot be registered with the U.S. Copyright Office, either in two-dimensional or three-dimensional form. 37 C.F.R. § 202.1(a). Likewise, the Office cannot register a work consisting of a simple combination of a few familiar symbols or designs with minor linear or spatial variations, either in two-dimensional or three-dimensional form. Examples of familiar symbols and designs include, without limitation:
Letters.
Punctuation.
Symbols typically found on a keyboard, such as asterisks, ampersands, and the like.
Abbreviations. Musical notes and symbols.
Numbers.
Mathematical symbols.
Currency symbols.
Arrows and other directional or navigational symbols.
Common representational symbols, such as a spade, club, heart, diamond, star, yin yang, fleur de lys, or the like.
Common patterns, such as standard chevron, polka dot, checkerboard, or houndstooth designs.
Well-known and commonly used symbols that contain a de minimis amount of expression or that are in the public domain, such as the peace symbol, gender symbols (♀ ♂), the symbols for play, pause, stop, forward, back, simple emoticons such as the typical smiley face (☺), or the like.
Standard industry designs, such as the caduceus, the barber pole, food labeling symbols, hazard warning symbols, or the like.
Familiar religious symbols such as crosses, stars, crescents, and the like.
Common architecture moldings, such as the volute used to decorate Ionic and Corinthian columns.
While familiar symbols and designs cannot be registered by themselves, a work of authorship that incorporates one or more of these elements into a larger design may be registered if the work as a whole contains a sufficient amount of creative expression.
For additional information concerning familiar symbols and designs, see Chapter 900, Section 906.2.
This is not the first time you try to defend copy cats. Who are you? And why are you playing devils advocate? I found always your expressions very shady.
This particular group buy will not happen, because of 1:1 copy (colorway, novelties and name). SP is not going to produce this. These guys got just pricing tiers and are doing a groupbuy without resolving any copyright issues. And yes RainDrop was and is under copyright protection. Thats why SP is not going to manufacture it. This here is dead GB.
Roll the credits!
Not doubting the veracity of this claim. But as a curious observer and possible point of reference for GB leads/makers, can you link or point to where one would find this specific information? This really need to hashed out and pinned somewhere because I do believe many people don't understand this.
I've described it above. Given the RainDrop keyset is Art the rights for it are granted automaticaly to its Autor.
