Thread: Misleading Metaphors That Drive The War On Online Sharing
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Old 11-15-2011, 05:10 PM   #116
Sil_liS
Wizard
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Quote:
Originally Posted by Billi View Post
I'm no lawyer and I can err, but if you ask me what I think, this is my opinion:

It's clear that the dalek is protected but the question is if it is protected by copyright law or patent/trademark law.
- If it is protected by copyright then you might be right
- If it is protected by trademark then Harry is right.

I personally think that it is only protected by trademark. In post 95 Harry told us about it being a mass-produced good so I translate it that he owns some kind of a merchandising/advertising article (maybe I'm wrong here, but that's what I've taken from this thread). And it's implicated in the nature of merchandising products that you are allowed to take a photo of them and distribute it.
Daleks are protected by copyright:
Quote:
Until 1963, the BBC had used staff writers, ensuring that the Corporation kept the copyright of their work. But from that point on, the Corporation started using self-employed writers such as Nation. And in many cases these new writers could keep the rights for themselves which, in the case of the Daleks, proved a bonanza.
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