Every year we register all of our new work regarding our UV ghost and other various items with the United States Copyright Office and will continue to do so for new items we release.
There are those who have tried to copy our work, we will come after you if we catch you, we promise!
Ignorance of the law is no excuse and will not hold up in court.
The following info has been written and stated directly from the copy right office.
Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.
Copyright protects “original works of authorship” that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device.
It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of “fair use,” which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a “compulsory license” under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the copyright law or write to the Copyright Office.
Kentucky Special FX physical designs, images and product photographs are the exclusive property of Kentucky Special FX and are protected by Federal Copyright laws. Any unauthorized copy of proprietary photographs, advertising literature, or two-dimensional or thee-dimensional works of art constitutes infringement. Kentucky Special FX’ copyrighted proprietary material may not be reproduced or copied by any means, physical, graphic, electronic, or mechanical, including photocopying (this includes scanning or copying of images of pictures or literature).
Kentucky Special FX actively monitors the use of its intellectual property in order to protect the integrity of its trademark and copyrights and safeguard against the abuse of its copyright interests. Kentucky Special FX would like to stress that it works hard to deal with intellectual property violations in an fair and just manner. The following is a list of reasons why Kentucky Special FX requests the de-publication of all similar sales due to an unauthorized use of intellectual property:
Kentucky Special FX uses a copyrighted proprietary photographic image for original publications, such as the Kentucky Special FX â website, Haunt and theatrical magazine's, product catalogs, promotional material, etc.
The use of the Kentucky Special FX ® trademark in a title for Halloween, Theatrical, Horror, UV Black light colored ghost products that are not Kentucky Special FX ® brand products is also a violation.
Q: What if I did not realize that I was infringing the intellectual property rights of Kentucky Special FX?
A: Ignorance that it is a violation does not absolve one from liability under United States trademark or copyright laws. As a seller, you have a responsibility to ensure that your actions do not violate the intellectual property rights of another.
Q: What if my listing does not show the UV Black light Reactive yellow, green, red or orange or white body ghost shape? (if I use a black and white photograph or no photograph)?
A: If the product is, in fact, a UV Black light Reactive yellow, green, red, orange or white body ghost shape, and it is not a Kentucky Special FX product, the sale and shipment of that item would constitute trademark or copyright infringement. It is trademark infringement to manufacture, distribute, sell, or ship products containing markings which would lead to consumers being confused as to the source of the product.
Q: What if the product I am selling does not have the same placement of yellow, green, red, white or orange color or body ghost shape described in the registration / application or as shown in a drawing there for?
A: Listing / selling such an item still would be considered copyright infringement. Kentucky Special FX has broad rights to the UV Black light Reactive yellow, green, red, white or orange body ghost shape because prospective customers would assume a UV Black light Reactive yellow, green, red, orange, white body ghost shape to be made by Kentucky Special FX. Thus, the scope of protection extends beyond the precise markings shown in its trademark registrations and applications. See, for example, Black & Decker Inc. v. Pro-Tech Power Inc., 26 F. Supp. 2d 834 (E.D. Va 1998).
Q: Why can't I use the words Kentucky Special FX or mention the UV Black light Reactive Ghost Prop yellow, green, red, white or orange body ghost shape in my heading even though I am not selling a Kentucky Special FX product?
A: The use of our trademark and or copyrighted works of Kentucky Special FX for Kentucky Special FX products will likely mislead others into believing that your listing is authorized, sponsored, or associated with the likeness Kentucky Special FX. Further, it may dilute the value of the intellectual property rights of Kentucky Special FX, in violation of both state and federal laws.
A seller could attempt to use the term Kentucky Special FX or refer to the UV Black light Reactive yellow, green, red, white or orange body ghost shape in their listing title or description to attract consumers looking for authentic Kentucky Special FX products. Even if some consumers may ultimately realize that an sale trade or auction has no connection to Kentucky Special FX, such conduct takes unfair advantage of the name and reputation of Kentucky Special FX, and is thus trademark or copyright infringement, which is illegal.