Could You be Sued for Dyeing a Disc?

Thanks so much to Roger and Becky Patterson for reaching out with this question about copyright protection and how it applies to disc golf dyeing. If you have a question or topic you would like to see covered in a future episode, please don't hesitate to comment, email, or submit a message on our website!
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0:00 Frequently Asked Questions
1:10 What Does Copyright Law Protect?
1:42 Roger & Becky's Question
2:23 How Are Copyrights Enforced?
4:32 Calculating Damages
7:48 Why Hasn't There Been a Lawsuit?
9:11 Calculating Risk
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[@lukealexander4030]

putting MJ in there, laughing at Drew Gibson cracked me up

[@Ihatecabinetmoths]

Dude you are the best law channel. Or disc golf law channel 😝 I love your content dude

[@stefanmccabe4705]

Great info! All legal stuff aside, I love seeing dyed discs regardless if they’re a brand or original creation. It just makes the game more fun seeing and sharing each others creations. Much more personal as well.

[@modgmodg6987]

I do too. I love the jumpman logo Drew used. I don’t know if legal but very cool flying and watching it fly.

[@johnnycupofcoffee]

I have actually been wondering about this exact topic. Thank you,.

[@douglasallen3]

Just a comment for conversation… Isn’t dying a disc just like a tattoo? Do tattoo artists get sued for tattooing imagery or likenesses that are under copyright? Isn’t your flesh a fixed and tangible form?

[@InbredJed82060]

Triple 7 customs have been doing this in bulk for 10+ years and faced no troubles. Big corporations dont care about $30 frisbees

[@clintsawyer7702]

Marvel has gone after people. They've got a reputation for going after anyone regardless of how small, and yes they may have lost money on some, but it built up the reputation that the risk isn't worth it.

[@derrickdigiulio4027]

People speed every day. That doesn't make it any less illegal, or any less justified for a police officer to pull someone over for speeding.

[@InbredJed82060]

@@derrickdigiulio4027 yes because pulling people over for traffic violations is the same as filing lawsuits in federal court against people with negative networths for copyright infringement. Definitely same ball field

[@colinmcmasters5819]

That guy is an ebayer, but they would definitely go after a large manufacturer. When Discraft did their Star Wars stamps a couple years ago, if they hadn't been partnered with Disney, there would have been litigation.

[@tymonjames8577]

Good info

[@clintsawyer7702]

So the basic gist is, yes it is completely illegal, but at the moment you're probably unlikely to get caught or face much challenge. But that is all subject to change, so definitely something to keep in mind, you ARE breaking the law.

[@corbanlunt9862]

Great vid

[@rageoid]

Clever. Title got me in, then video subject quite different than I imagined from the title. Good piece. Seems trademark may be implicated in symbols like the Jordan figure, sports logos, symbols which identify a particular company branding. Trademark video on the way ?

[@artvandelay4545]

As long as you stay small potatoes you shouldn't have worries. If you were to mass produce high profile intellectual property someone will eventually call you out on it. You'll get warnings but it is possible to get sued. Certain companies are very persnickety about logos. This is coming from a former branding manager forbade large company.

[@bustatron]

Nintendo is one of the most aggressive copyright defenders.

[@ryanv3523]

Help save Stafford woods in New Jersey!!

[@geraldclayburn8543]

Aren't copyright holders entitled to recover legal fees as well as damages. In that case if they decide to come after you the liabilty could be very large. I don't think it has happened in the disc golf world, but there are copyright trolls out there that in other areas make a big living by filing nuisance suits for example when you might use an unlicensed image on a website. So while I am not saying that you have a lot to be worried about that might only be temporary until some troll figures out how to start collecting a couple of thousand dollars from a lot of people to make suits go away to avoid having to pay high legal fees. I am just saying it is a whole legal scam in other areas and it could come here. Look at Lawful Masses with Leonard French. He specializes in defending these kind of things.

[@mmdoof]

Fighting legal trolls is usually pretty straightforward in most jurisdictions. Just never respond to them.

[@flippydipdesigns]

Thanks for the answer, Chris. While I agree with your assessment that the likelihood of being sued is small, it is still illegal. It seems I was thinking about things correctly. My ethical values come from a Christian perspective, so just because I probably won't get caught doesn't mean I am not going to do something illegal (speeding, cheating on my taxes, etc.). So I am going to choose not to do copyrighted images in my business and trust the results in doing the right thing. I enjoy the creativity of designing my own stencils and will find my niche there. There are so may cool things in creation to draw from that I doubt I will run out of ideas any time soon. I admire the skill in recreating, but I find the most joy in creating new things.

[@brettlangle58]

If I charge say 35 for any disc design cool. If I charge more for a specific brand than 35 unless the disc cost more, then I'm profiting off of the brand..

[@ReaperThugX]

I wonder how long until players’ sponsors prevent them from using dyed discs since they are advertising the manufacturers discs and want the stock design to be featured

[@MichaelSweet-nn5bg]

Shhhh! Don't give them any ideas!

[@NotSoFast71]

But what about "Dyeing" discs? How are discs dying if they were never alive? 🙂

[@InbredJed82060]

True story.

[@bigpimpenish]

As long as its grateful dead related zero chance of any trouble lol

[@wildpacksports]

It shouldn’t be construed as legal advice because in the title it’s got a typo…dyeing not dying.

[@ventarfield7115]

This sounded like click bait. "Dying a disc". Interesting topic though. I forgot people dye pokemon on their discs.

[@Gerbs964]

so in other words let the dying begin! lol

[@basshead3339]

Exactly ❤❤❤

[@clintsawyer7702]

No, in other words, dye at your own risk, because you're in complete violation of the law, and are simply hoping they will decide it's not financially advantageous to go after you... but they totally could.

[@Gerbs964]

@@clintsawyer7702 did you even watch the video, he's clearly saying don't worry about it, it doesn't make financial sense for any of these big brands to go after such a small fish. And at the end of the day it benefits them if anything, free advertising.

[@clintsawyer7702]

@@Gerbs964 no that's not what he said, he said they likely wouldn't... not that they wouldn't, or that there's no risk. They might not do anything, but they absolutely COULD, and they'd be right, and some brands like Marvel has made a reputation of found after anyone and everyone who uses their intellectual property. So has the owners of Godzilla. They aren't concerned about losing money on a few small cases, because it sets them up for the future because no one dares risk it. You might be perfectly fine for years... and then one day wake up with a cease and desist order, or worse. So yeah, you CAN do it... and maybe there's very little risk... but it IS illegal. And like he eludes to in the beginning, and created work is technically protected, it just becomes an issue of proving it, so it's much harder to protect IP that you haven't registered. But it can, and has been done. Not saying don't do it, just saying, don't think there is ZERO risk.

[@Gerbs964]

@@clintsawyer7702 fair enough, and with that said.. let the dying Begin!! 😜

[@fullyawakened]

No, you can't.

[@woodwindfixer9248]

So Simon needs to remove that Elsa disc from his bag and hope one of the horde of Disney’s flesh eating lawyers doesn’t watch his videos.

[@MichaelSweet-nn5bg]

Maybe you could look into the history of Gateway stealing artwork for their factory stamps. It started magically as soon as they started making discs. They copied all kinds of artwork, from Official Dungeons and Dragons products to art made by disc dyers just trying to make cool discs. Of course these are just unproven allegations, not truth as determined by a court of law. Just as artists who were hired by them to make artwork for their stamps are merely "claiming" that they were never paid for artwork that was used on discs.

[@nathanwilson7929]

No Mickey mouse, no Metallica... Those guys are petty

[@callawaycass5148]

As the sport is growing and trying to become more professional, we need to get rid of dyed discs at the pro tournaments. The copyright infringing dyes are problematic, but even other dyes. For example, I love Calvin but the pizza dyes are immature.

[@InbredJed82060]

I agree with your concept. I disagree with the reality of the situation. Realistically we are still in a place the majority of the population doesnt even know what disc golf is. We are still just guys throwing frisbeees in public parks. We cant take it that serious.

[@bakerby]

I disagree with your concept, but agree with the reality of the situation. When people mention the sport needs to become more professional, I see that as a call to elitism. As we move towards becoming ‘professional’ we will be moving away from the grass roots ideals that started the sport. While Paul McBeth is building courses in countries without them, we should be tearing down the ones in our public parks, or the ones in highly wooded areas because that is not the type of course the professionals play anymore. Dyeing discs is a hobby that some get into when they are injured and cannot play for a period. I am not sure how dyeing or throwing a pizza disc is immature.

[@salimoneus]

kindof a silly question. you bought it, do with it as you wish, just like anything else owned outright.