Copyright of an idea / process ...

[pingu748]

Where do I stand if i want to independently produce a range of items for sale using a commercially available material, in a manner similar to many other franchises & companies, that are already doing the same thing worldwide ?

Is there likely to be a legal issue with copyright ?

The materials are available to anyone to buy off the web / high street, its just the end product that is already being sold that would be similar to what I would be selling.

TIA

[mormess]

It's hard to say without a bit more information from you - I know you're trying to protect your idea!

I think the basic answer would have something to do with whether you're trying to pass off your goods as copies of the competitors goods.

If what you're making is patented in some way, then the franchises and companies you mention may have paid a licence fee to produce the goods. That's the only problem I can see.

However, I'm not a copyright expert, so don't take my word! If you're able to say what kind of goods you're considering making you might get better advice.

[pingu748]

The goods would look similar and serve the same purpose ( decorative) but because these items are hand made / finished no 2 items would ever be the same .. Not one of the websites I have seen contains any patent numbers / details / logos and I have looked at at least 12 now .. Thanks for yr opinion mormess .. All viewpoints accepted !!

[mormess]

Well I say go for it then. I mean, it happens in the music industry all the time, people producing songs that are very similar to other people's songs!

Good luck!

[Gmcd01]

This isn't a patent issue, for any number of technical reasons- but don't concern yourself with those. If you could make a patented item yourself ('reverse engineer' it), then it shouldn't have been patented in the first place.
There are a whole raft of issues to consider:
the registered design(s), if any, of the original item.
the trademark(s), if any, on the products or passing off if the trademark of the other was unregistered.
I'd like to know, if you don't mind:
-What is the material you intend to use? B&Q screws or a patterned fabric from CarpetLand?
-What is the intended use of the raw products?
-What will the purpose be? Beyond decorative- ornaments, tree hanging baubels or stuffed animals perhaps?
-How many do you intend to produce for COMMERCIAL sale?
If you can answer these, I'll be happy to give a more in-depth answer.

[pingu748]

The material will be a type of clay .. the intended use is to make jewellery ... the quanitity will be single figures in the early stages but should the idea take off then we will be making as many as demand requires .. realistically it could be 10-20 a month with demand rising at Easter & Christmas ... each piece will be individual to the customer as they will have an input on the design element but the shape will be one of several basic shapes ... thank you for your help ...

Pingu748