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Dear LEGO:
I am a potential customer for your new "LEGO Mosaic" product. I am confused,
however, by the product's User Agreement:
"By submission of YOUR picture, YOU further represent and warrant that
at no time will the LEGO Mosaic product be used for anything other than
private, home, non-commercial purposes, and that neither YOU nor anyone
authorized by YOU will at any time make further copies or adaptations or
engage in any public display or dissemination thereof without obtaining
the permission of all owners, including LEGO, of rights therein."[1]
I understand that "YOU" means me, the customer, and I understand that my
"picture" is my original image that I would upload, but it is unclear to
me exactly what the definition of "LEGO Mosaic product" is. Could you
clarify this for me and for other potential users?
In particular, first, I would like to know whether the 1x1 LEGO plate elements
("the Bricks") that I would receive from LEGO when I use the Brick-o-Lizer™
program in connection with a purchase of the "LEGO Mosaic product" are part of
the "LEGO Mosaic product" or separate from it. That is, if I purchase a LEGO
Mosaic product and agree to the User Agreement, am I agreeing not ever to sell
Bricks to a third party without first obtaining permission from LEGO?
Second, could you define what you mean by "new material" and what you mean by
"the final LEGO Mosaic product" in the following paragraph:
"All rights under copyright in any new material added by LEGO in
connection with preparing the final LEGO Mosaic product are owned and
retained by the LEGO Group. Neither lego.com nor the LEGO Group or any
of its affiliates, subsidiaries, employees, directors, officers, agents,
or their successors and assigns are responsible for YOUR contribution or
any other party's contribution to the finished Mosaic or for any
violations by YOU or a third party of the terms stated above."[1]
Does "new material" comprise the building instructions only, or does it also
comprise the individual configuration of Bricks prescribed by the Brick-o-
Lizer™ program? Exactly what copyrights does this User Agreement grant to
LEGO? To the building instructions, or to the brick configurations shown
therein, or to both?
And finally, what is the difference between "the final LEGO Mosaic product"
and "the LEGO Mosaic product"? My understanding is that "the LEGO Mosaic
product" is what would arrive to me in the mail and that "the final LEGO
Mosaic product" is what I would assemble according to the building
instructions provided in "the LEGO Mosaic product." If this is the case,
then I would conclude that "new material" added by LEGO in connection with
preparing "the final LEGO Mosaic product" comprises the building instructions
only, since the brick configurations are not comprised of physical materials,
and therefore that I would be agreeing that LEGO owned the copyright rights
in the physical building instructions and not in the brick configurations.
Thank you for your time and for any clarification you can provide.
--Todd Lehman
[1] http://shop.lego.com/Mosaic/user_agreement.asp?LangID=2057
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