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Violating Intellectual Property Right
Sawal hai ki
Like me kapde banane ka kam karta hu , kya me kisi bhar country ki website se photo download karke usko apni profile ya apni selling site par upload karke or order receive karke same vesi hi dress bana kar sell kar sakta hu kya? Agarche jiski website se photo liya hai usko farq nahi padta isse yaa usko pata nahi ho. But order aya to mehant kari usko Same banane me or maal material kudka lagaya
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11 Replies
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Violating Intellectual Property Right
updated 3 years, 3 months ago
3 Members
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11
Replies
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Does this website explicitly say you can use those designs?
If no, then it is intellectual theft and come under broad category of ithm which render things haram.You can read more about determining halal o haram in following thread
Discussion 1749 -
Brother Ahsan, we need to look at this deeper.
Here is a general rule
A public domain image is defined as a photo, clip art or vector whose copyright has expired or never existed in the first place. These images can be used by almost anyone for personal and commercial purposes. … The image is assigned to the public domain through a Creative Commons Zero (CC0) license or similar release.
For the specific question by Brother Muhammed Hassan”, to be more correct, either he can create a similar display piece, then he can use the picture of his own creation for his site. Or he can put link on his site to the picture or the link of the original site under the picture on his site and state that he can produce a similar design. After he produces the first piece, he can use the picture of his own creation going forward.
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Thank for giving your insight Nadem sb.
May be I a quick in my judgment. In Pakitan, I have seen that, certain people are selling cloth after taking newest deign from bouthiques without permission. While giving response, I had that scenario in my mind.
@hassan Can you elaborate based on NAdeem sb opinion?
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I am agree with Nadeem sahab, but company hi ek dusre ke design copy karti hai ab jaise muje koi ring banani hai sell karne ke liye ab net se hi design lena padega personal apna design kha se laau and aap dekoge net par bhot seller ek jaise hi design banate hai kya ye theek hai
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It donot matter who copy from where. If the owner of the design allow you to use freely then it is ok. Otherwise it will be called intellectual theft and committing copyright crime too.
In this scenario, you can take inspiration from the design make small changes to make it unique to yourself.
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Or which copyright is expired or public domain images or not any company put rights on it like most common designs can we use those freely?
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Brother Mohammed and Brother Ahsan:
I am not an expert of Allah’s laws or laws of this World, but I am just sharing my opinion in the light of my knowledge. My opinion about the use of picture I have shared earlier. I think my opinion follows the laws of this World and Allah’s laws.
If the question is the use of design, then there are two perspectives; a perspective from Allah’s laws and a perspective from the laws of this World.
Allah Laws
1. Just like Allah has not allowed people to create borders around a country and restrict movement of people, similarly, Allah doesn’t allow anyone to copy right a design. So brother Muhammad can use the design exactly as it is.
2. Brother Muhammad has no direct agreement with the designer NOT to use his design so brother Muhammad is not bound by any agreement from Allah’s perspective.
3. Brother Muhammad can slightly modify the design and truthfully call it his own.
4. If he copies the design exactly as it is, to be truthful with his customer, brother Muhammad need to tell his customer that he can make the design of XXX designer. Basically giving credit to original designer to be truthful.
Human Laws
To my knowledge, the clothing design can’t be copy righted so there is no expectation from the designer that other will not copy it.
Even if design could be copy righted…
1. The designer has to put design patent mark on the pictures and on his website to communicate his rights.
2. Copy righted design can be copied after the rights have expired
4. A minor modification in design invalidates application of copy right law
5. The expectation with copy right is that no one will take the designer’s business or claim the design to be his own. Brother Muhammad is not competing in business with the designer and he can still give credit to the original designer.
6. I believe copy right laws are American and European concepts and expected to be followed only in these countries. Others countries do not participate or follow those laws. So there are no expectations by the designer that other should follow the laws.
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You are right. But here the problem is he is making money out of those design. Just refering the link to original designer do not help his income.
Although he is not in agreement, but making money out of original designer unless allowed will be considered injustice with designer and creativity.
If there is no copyright or expired then there is no issue of using it. -
Brother Ahsan.
Although he is making money, he is not harming the designer in any way financially.
Also it is a design, not a product. In religion stealing a product is a sin. So pirated software will be stealing, but not design.
As we established earlier that clothing design can’t be copyrighted even in the Worldly sense. So Muhammed is free to copy the design in Worldly sense too.
If I may ask what would be Allah’s guidance for what would be design or pattent expiry period?
Religion cant get involved in the intellectual property, unless parties itself are involved in a mutual agreement or their government makes an agreement with other governments on their behalf.
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Nadeem sb, I already agreed that if there is no copyright or restriction placed by designer then there is no issue.
Religion will always come to play when there is moral/ethical issue. It will also protect haq talfi of others. Hence, if a designer mentions that this design cannot be used by others then i believe we shouldnot use it because it is his property. Kindly refer to ghamidi sb point of view on copy right in the post i shared.
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You may find this post helpful for ur question
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