File:Quikut warranty.jpg

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Original file (9,792 × 4,896 pixels, file size: 6.03 MB, MIME type: image/jpeg)

Captions

Captions

Lifetime warranty printed on cardboard sleeve of a Quikut pronged knife, covering damage even at the fault of the owner

Summary

[edit]
Description
English: Lifetime warranty printed on cardboard sleeve of a Quikut pronged knife, covering damage even at the fault of the owner. The warranty text covers both sides of the sleeve. The side not shown says:
MANUFACTURERS
LIFETIME GUARANTEE
QUIKUT DIVISION of The SCOTT & FETZER CO., MANUFACTURER OF THE ACCOMPANYING KNIFE.

and continues on the side shown in this image:

Unconditionally Guarantees the Following:
If the accompanying Knife should ever become damaged, you may return it at the factory and it will be replaced without charge EVEN IF THE DAMAGE IS YOUR FUALT.
If you choose to mail your damaged Knife postage prepaid to the factory instead, please send $2.00 to cover the cost of handling, packaging, and postage to
Quikut Division, P.O Box 29, Airport Industrial Park, Airport Road, Walnut Ridge, AR 72476, and we will send you a new Knife immediately.
The Manufacturer of the accopmanying Knife warrants that this guarantee shall remain in force for the lifetime of the company and assumes no responsibility for representation other than these specified herein.
Date
Source Own work - This knife was purchased by my parents in the 1970s, and it's still in use (mainly for cutting bread) in my household. We keep the sleeve on it because the blade remains quite sharp and can easily injure someone rummaging around in the kitchen knife drawer.
Author Anachronist

Licensing

[edit]
Public domain
The depicted text is ineligible for copyright and therefore in the public domain because it is not a “literary work” or other protected type in sense of the local copyright law. Facts, data, and unoriginal information which is common property without sufficiently creative authorship in a general typeface or basic handwriting, and simple geometric shapes are not protected by copyright. This tag does not generally apply to all images of texts. Particular countries can have different legal definition of the “literary work” as the subject of copyright and different courts' interpretation practices. Some countries protect almost every written work, while other countries protect distinctively artistic or scientific texts and databases only. Extent of creativeness, function and length of the text can be relevant. The copyright protection can be limited to the literary form – the included information itself can be excluded from protection.
Public domain This image is of an object with an intrinsic utilitarian function, and is consequently not a derivative work. Thus, the object itself is in the public domain. However, not all images of such objects are in the public domain.

Thus, in order for this template to be permissible, the image itself must also be free under copyright law - whether because it's in the public domain (e.g. covered by a tag such as {{PD-USGov}}, or {{PD-old}}) or because it was freely licensed by the photographer or copyright holder; see Commons:Copyright_tags.

In a nutshell:

There are special provisions in copyright law to exempt utility articles to a wide degree from copyright protection.

See this derivative works exception. In brief, per the Supreme Court’s decision in Mazer v. Stein, useful articles, regardless of factors such as mass production, commercial exploitation, and industrial designs are not subject to copyright protection. The declaration that “pictorial, graphic, and sculptural works” include “works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned” is classic language; it is drawn from Copyright Office regulations promulgated in the 1940’s and expressly endorsed by the Supreme Court in the Mazer case. The design of a useful article shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.” A “useful article” is defined as “an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information.”

A two-dimensional painting, drawing, or graphic work is still capable of being identified as such when it is printed on or applied to utilitarian articles such as textile fabrics, wallpaper, containers, and the like. The same is true when a statue or carving is used to embellish an industrial product or, as in the Mazer case, is incorporated into a product without losing its ability to exist independently as a work of art. Although the shape of an industrial product may be aesthetically satisfying and valuable, that does not entitle it to copyright protection. Unless the shape of an automobile, airplane, ladies’ dress, food processor, television set, or any other industrial product contains some element that, physically or conceptually, can be identified as separable from the utilitarian aspects of that article, the design cannot not be copyrighted. The test of separability and independence from “the utilitarian aspects of the article” does not depend upon the nature of the design—that is, even if the appearance of an article is determined by aesthetic (as opposed to functional) considerations, only elements, if any, which can be identified separately from the useful article as such are copyrightable. And, even if the three-dimensional design contains some such element (for example, a carving on the back of a chair or a floral relief design on silver flatware), copyright protection would extend only to that element, and would not cover the over-all configuration of the utilitarian article as such. Subject to disclaimers.

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Date/TimeThumbnailDimensionsUserComment
current01:53, 25 May 2024Thumbnail for version as of 01:53, 25 May 20249,792 × 4,896 (6.03 MB)Anachronist (talk | contribs)Uploaded own work with UploadWizard

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