Cap badges, who owns the design right

Discussion in 'Weapons, Equipment & Rations' started by 12minden, Dec 6, 2009.

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  1. Just had an interesting one on fleabay, tried to list a load of old cap badges and badges. Amongst them was the current SBS cap badge, NOT a walt and this isn't a wah before anyone starts. The listing was pulled by ebay as someone claimed to hold intellectual design right on it !!! Has anyone ever heard of this before ?
  2. Mr_Fingerz

    Mr_Fingerz LE Book Reviewer

    I would have thought that the designs would be vested in the crown.
  3. It would not surprise me if some legal creep has pulled a fast one here,
  4. I thought the badge predated 2004 by a year or 2 which is when he registered it. Pagoda Lodge is hardly subtle, may aswell call it Pilgrim's Rest or Sterling House.
  5. Unlikely to be a lawyer! but it is an odd situation. It might make a difference if the badges being sold were genuine secondhand items, or whether they had been manufactured (as often happens) without the Crown's or anyone elses' authority.
  6. This was a pukka one. If you look on fleabay they have pulled all the new style ones, genuine or otherwise. As you say a very odd situation.
  7. I thought all British forces badges and crests were designed by The Royal College of Arms?
  8. That's them ! I was thinking of heraldic somethingy or other. The chap has registered it tho. Bizzare unless it's a "them/frog" thing ?

    I don't remember a Blue Peter "design a badge for men in wetsuits and balaclavas competition".
  9. its depressing regardless, just relist em, using royaltie free images and list the quality, thats all i can suggest
  10. Interesting !!! so does that mean fleabay have to withdraw other items , ie original coke bottles, guinness memorabillia?? i have a couple of artists rifles cap badges{original) had no problems with showing them on the bay??

    I might get a visit from them now though :( :(
  11. I took the photo's but it was his "intellectual property" according to the ebay stasi !
  12. Ok, i am confused here...

    Is it that someone says that you are using one of their images that they have drawn/photographed? If so, then yes, they have every right to complain. Having said that, they may be in breach of copyright themselves (For example, if I where to draw a picture of a Coke bottle, I could own the copyright to that image, but Cocacola could sue me in turn)

    Or is it someone is saying that the badge you are selling is there copyright ? If so they are wrong unless you are claiming the badge is your design, which I believe you are not.

    There is no way you can have an item pulled on ebay if you are selling something, giving an honest description of it, and are not claiming it is your design....otherwise it would be impossible for any to sell a damn thing.

    "for sale, Ford Focus"...oh, you cant sell that, thats my copyright....bull!
  13. The MoD have created a new Directorate of Intellectual Property Rights.

    Their brief appears to be twofold:
    1. Protect the imagery and iconography of HM Armed Forces from exploitation by third-parties (eg Ben Sherman).
    2. Make money.

    The initial reason behind this new dept appears to have been to wrest control of our iconography back from some pretty unscrupulous third-parties. Rumour has it that Ben Sherman tried to gain intellectual property rights to the RAF roundel a few years ago and the MoD were aghast to find that they could legally have had to pay royalties for displaying their traditional but newly-trademarked roundel on their a/c. That clearly did not come to pass, but the shock of that possibility gave birth to the DIPR. Well, that's the duty rumour I heard.

    They now have people sitting in London and Upavon who look after 'wider markets' such as books, toys etc. I was up there a few weeks ago and their section is often decorated with everything from commercial ORPs, books, Army-branded trainers and those new action men.

    The position that DIPR are taking is that any capbadge or regimental device is Crown Copyright and reproduction thereof for any purpose requires permission from (and fees to) DIPR. I suspect hat most Regimental Associations will probably have heard from them by now.

    This is not to say that they are succeeding everywhere. I have reason to believe that the RHQs of certain newly-formed regiments are mounting a defence along the lines of 'we paid to have it designed, developed and passed by the Heralds, so it's ours!' The test, so I'm told, is to 'follow the money'. If public funds paid for it, it belongs to the MoD.

    Old Snowy might be able to find out a bit more.

    Hope this helps,
  14. But selling a capbadge is not an infringement of copyright. If you own said badge, and you want to sell it, and you make no claim that you made or designed that badge, then there is nothing anyone can do about it.

    You are making no claims other than that you are the owner of said item.