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  1. #1
    Join Date
    Jun 2008
    Posts
    1

    Default Owning a Car Calendar

    Howdy all

    Im in a car club, lets say its for Skodas. Now for the past two years another person (not a Skoda owner oddly) has made a Skoda Tasmania (our state in Asutralia) calendar. An official Skoda Club of Tasmania association has been formed and it has been suggested to make a Skoda Tasmania calendar for 2009 and give it to members as part of membership.

    Now it turns out the person who made the Skoda Tasmania calendar for the past two years has, when hearing about the plan for someone else to make a calendar, has said the following:

    1. He owns the Intellectual Property for the Skoda Tasmania calendar
    2. He has no intention of making one for 2009
    3. Permission must be sought for anyone else to produce a Skoda Tasmania calendar

    So my questions are these:
    1. Does he actually own the IP in this instance?
    2. If I decided to make a Skoda Club of Tasmania Calendar for 2009 is it infringing on IP for the Skoda Tasmania Calendar?
    3. I believe for copyright rulings that only 10% of material from a source can be used after which it becomes a copyright problem. Now a car calendar is simply cars and dates, is the content here cars and dates or would it be the EXACT same photos, layouts etc of the original calendar that would need to be copied for it to become a copyright issue?


  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Owning a Car Calendar

    You should post this on an Australian board, or talk to an Australian trademark lawyer, as this is a U.S. board and the laws may be different 'down under'.

    He would have no conceivable claim on the "Škoda Fabia" trademark. I don't see how he could claim a trademark to "Škoda Tasmania" as he has no right to the "Škoda" mark.

    I have no way of knowing what you intend to put in your calendar, so I can't comment on copyright issues. Here in the U.S., there's not "you get to steal 10% of somebody else's work without their permission or paying for it" rule. I suspect that no such rule exists in Australia, either.

    I would consider getting permission from Škoda for your calendar; I suspect you can ignore this guy.

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