Copyright Can my DIY project be sued for copyright?

[Kralik]

Let's say I have a computer and I've designed it's case around some Apple computer (just the design / exterior). The design (exterior) does not feature any logos of said firm, it is just the shape. I do not have any intentions of selling that, it is just one piece that will stay with me, but, what if I:

1. Want to share it online? And the caption would be something like "I've built this computer". I've built everything here by myself, but what about that design, can it be a problem?

2. What about some competitions? Is it worse than sharing it online?

In both cases, can there be a problem? Can (in this example) Apple sue me?

 

[justblue]

Let's say I have a computer and I've designed it's case around some Apple computer (just the design / exterior). The design (exterior) does not feature any logos of said firm, it is just the shape. I do not have any intentions of selling that, it is just one piece that will stay with me, but, what if I:

1. Want to share it online? And the caption would be something like "I've built this computer". I've built everything here by myself, but what about that design, can it be a problem?

2. What about some competitions? Is it worse than sharing it online?

In both cases, can there be a problem? Can (in this example) Apple sue me?

What state?

 

[adjusterjack]

In both cases, can there be a problem? Can (in this example) Apple sue me?

The answer to a "can" question invariably has to be "yes" because it denotes the ability to do something, not whether it's right or wrong or winnable.

If you are infringing on somebody's patent or copyright for your own personal purposes, keep it to yourself. It's when you display your offense on the internet or in public is when trouble can descend upon you.

Even if a lawsuit is unwinnable, it doesn't stop anybody from filing one.

 

[Kralik]

The answer to a "can" question invariably has to be "yes" because it denotes the ability to do something, not whether it's right or wrong or winnable.

If you are infringing on somebody's patent or copyright for your own personal purposes, keep it to yourself. It's when you display your offense on the internet or in public is when trouble can descend upon you.

Even if a lawsuit is unwinnable, it doesn't stop anybody from filing one.

That makes sense, thank you.
So this raises a question, if it is a common thing, that companies sues individuals for their non-profit DIY work, based just off their patents (or look)? For example, I found a video on Youtube, where people are remaking an Apple product, even with their logo and many others, where people are doing this kind of thing. So, technically, if I want to avoid any kind of potential lawsuit, don't share it anywhere, but this doesn't seem to happen, or am I missing something?

 

[Tax Counsel]

Let's say I have a computer and I've designed it's case around some Apple computer (just the design / exterior). The design (exterior) does not feature any logos of said firm, it is just the shape.

If the shape is one that matches one of the iconic Apple computer designs (e.g. the original iMac) it may indeed be protected by a copyright due to its unique artistic appearance. Apple also asserted design patent protection and trademark protection for the look of those computers. So copying very unique looks that instantly are recognized as Apple designs can be a problem. Trying to sell such a product would very likely draw the attention of Apple's legal team, and even distributing copies of it extensively may be a problem. That could be very expensive for you. I doubt very much that you'd run into problems with just your one model that you keep at home, however.

 

[zddoodah]

Let's say I have a computer and I've designed it's case around some Apple computer (just the design / exterior).

This question is somewhat unintelligible and rather vague. I assume your use of an apostrophe in "it's" was a mistake, but what does "I've designed [its] case around some Apple computer" mean?

Want to share it online?

Despite your use of a question mark, this sentence is not a question. If you intended a question, I cannot discern what you intended to ask.

And the caption would be something like "I've built this computer".

Caption of what? Also, are you saying that you built an actual computer? That's not what the first sentence of your post implied.

what about that design, can it be a problem?

I would suggest that you google "trade dress infringement." That will probably give you all the general information you need.

What about some competitions?

Huh?

Is it worse than sharing it online?

Is what worse than sharing what online?

In both cases, can there be a problem? Can (in this example) Apple sue me?

I don't know what "both cases" means, but anyone can sue anyone for anything.

if it is a common thing, that companies sues individuals for their non-profit DIY work, based just off their patents (or look)?

Non-profit? "Common"?

 

[adjusterjack]

Your chances of being sued for what you are doing are about the same as your chances of being in a plane crash. But, like a plane crash, an infringement lawsuit can be devastating were it to happen.

That others may be infringing with impunity doesn't make it right.

 

[Kralik]

What state?

If the shape is one that matches one of the iconic Apple computer designs (e.g. the original iMac) it may indeed be protected by a copyright due to its unique artistic appearance. Apple also asserted design patent protection and trademark protection for the look of those computers. So copying very unique looks that instantly are recognized as Apple designs can be a problem. Trying to sell such a product would very likely draw the attention of Apple's legal team, and even distributing copies of it extensively may be a problem. That could be very expensive for you. I doubt very much that you'd run into problems with just your one model that you keep at home, however.

Thanks, that is very helpful.
I attached a picture of my device for clarification. We could say that the Mac Pro 2013 is an iconic shape, though. My only concern was if I can post it online - "hey, look what I've built! And spend 2y building it", without getting into trouble, especially any lawsuit. And if no, if there is a way to prevent it e.g. putting some kind of a disclaimer.

Thank you very much.

 

[Kralik]

Your chances of being sued for what you are doing are about the same as your chances of being in a plane crash. But, like a plane crash, an infringement lawsuit can be devastating were it to happen.

That others may be infringing with impunity doesn't make it right.

Okay, are there any ways to potentially prevent this? like for example some kind of a disclaimer. "Design inspired by..."?

 

[justblue]

What state? Is this in the United States?

 

[Kralik]

What state? Is this in the United States?

Czech Republic. Is it that important on a web?

 

[adjusterjack]

Okay, are there any ways to potentially prevent this? like for example some kind of a disclaimer. "Design inspired by..."?

Nope. Disclaimer's don't mean anything to the owner of a patent, copyright, or trademark.

Czech Republic. Is it that important on a web?

No. A company like Apple is quite capable of suing people anywhere on the planet.

Bottom line: It's up to you to decide if self-aggrandizement is worth the risk, small that it is.

 

[zddoodah]

Czech Republic. Is it that important on a web?

Yeah, actually it is. If you're in the Czech Republic, any lawsuit against you will be based on Czech law, which no one here knows anything about.

 

[Tax Counsel]

Czech Republic. Is it that important on a web?

Very important, despite what Jack says. Each country has its own intellectual property laws and while many countries use similar concepts the details do differ. So where the potential infringement occurs matters very much. This site focuses on law in the US; you'd need to find a place that handles Czech law for information about what is protected in that country.

 

[flyingron]

Personally sued, yes would need to be in his country.
However, if he sells his goods in the US, he can very much expect to find his stuff confiscated at the border, especially with one of the heavy-handed giants like Apple involved. Ask OneBuds about their ear bud shipment.

 

[adjusterjack]

Very important, despite what Jack says.

My point was that being in the Czech Republic wouldn't insulate OP from a lawsuit.