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About copywrite and royalties...

fotofrancis (6 posts) • 0

Hi I'm Francis from Latvia (originally from New Zealand)

I have a small website company called Web.sol Ltd. websol.lv

A client has wanted to start a Salvador Dali Cafe. And as there is one in your lovely city, wanted to ask if anyone knows if there was royalties or permission needed from the estate of Salvador Dali to use this name for the cafe? And I guess to reproduce his photo's and works of art for display on the walls?

I am guessing the Latvian Copyright laws are about as similar as the ones in China...?

OK hope someone perhaps could give me some idea's... I found out about the site here from a very nice American guy who is one of the team who makes this website. :)

Best wishes
Francis

fotofrancis (6 posts) • 0

Yep. Sorry to say it was my idea. The place suited something unusual. And is a big improvement on the "Mo Bar" ;)

And besides what is wrong with Salvador Dali? :)

Where you from btw Bernie? I could guess your maybe an American in China? :)

fotofrancis (6 posts) • 0

Oh and do you have any idea about royalties or perhaps know the manager/owner of the Salvador Dali Cafe in Kunming? :) Would be good to have at least their email, or landline phone number? :)

fotofrancis (6 posts) • 0

Hay all is ok, I just now found the link to the Coffee house through here... good stuff. :)

Tonyaod (824 posts) • 0

Bernie
At first I thought they were going to open a Salvador's in Dali and was asking about franchising rights from Salvador's in Kunming, ha!

Foto,
Copyright and royalties is at the bottom of a long list of problem for the Chinese government, i.e., they could careless, as witnessed by all the bootleg DVDs you find everywhere.

Having said that, I don't know if China is a good comparison for Latvia. If you are planning on opening a small, single-entity coffeehouse, then I would worry about it too much. I don't think the agents of Salvador Dali's estate is combing through the streets of Latvia to look for infringement. However, if are planning to build a international Coffeehouse empire, eventually they will find out and irregardless of whether you've actually violated or not, expect an lawsuit to settle the matter.

I'm not lawyer so I'll give a layman's option on this matter. If I recall correctly, it is an copyright only if the average consumer cannot distinguish the two. For example, if I open an clothing store called McDonald's, that's probably not going to be a copyright since most people would confusing clothing with hamburgers. But expect a call from McDonald's lawyers nonetheless.

fotofrancis (6 posts) • 0

Thanks a lot Bernie, yeah I see it the same way. A small place shouldn't cause a trouble etc... Although we are not Russia so we are not protected from the Western Idea of things as you are in China also... Gotta see both sides of the coin old chap. ;)

But still thanks so for the thoughts... :) As I am sure I will be able to make the client feel comfortable about this particular deal... :)

How is it you have ended up in fair China? Marriage? Or just work?

With much thanks
Francis

PerNordin (50 posts) • 0

My thought the moment I read about wanting to open a Salvador Dali café was "wow, cool.. build furniture and design the interior in the spirit of Dali, or even make if look like your inside one of his painting but not actually copy any of his work... cool place...". If I had the finances, Id love to do something like that!

If you dont call it "the Salvador Dali Café", but name it "The Pointy Mustache" or "Café of the Tragically Lethargic Toast Seeking a Poignant Memory" (hummm... actually I think I'll use that as a title for a piece of music) or something like that, there will be no issues of copyright (unless you decide to call it the "Café of the Tragically Lethargic Toast Seeking a Poignant Memory" which I now invented and plan to use as a music title... but the only royalty I would ask is free coffee when I come. :) Unless you franchise it out to others and build a chain on which Id like something more :D ).
Or why not "Dont Ants Like Irrigation" and just highlight the DALI or why not call it D.A.L.I or D-A-L-I, if you want to use his name without technically using his name?

The main thing is to make the interior look like you are inside one of Dali's paintings, and people will be interested and understand, even if its called "Not a Café". Humm... THAT would be a great name in his spirit. :)
- "Where are you going?"
- "Not a Café."
:D

PS... just for the record... I dont do drugs, I just have an absurd sense of humor, imagination and love to find solve problems like this one. :)

fotofrancis (6 posts) • 0

Nice idea's, thanks so for them. But I'm afraid that Latvians are not so smart with their humour. You would know this if you saw any of their comedy shows... never seen any comedy show that doesn't get laughed at once! No for real.

But for sure I love your off the wall idea's. Thanks for the input. I promise not to use the title "Cafe of the Tragically Lethargic Toast Seeking a Poignant Memory". As long as you promise to send me the mp3 track of the same name... just gotta hear that music. ;)

btw I'm also a recording artist and seriously happy to trade idea's and talk further on the subject.

All the upside down one's...

Francis

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