Discussion:
What is the name of your state? Alabama
I currently rent an outdoor sign and would like to build, use and possibly rent to others the same type of sign. Plywood painted black with florescent letters. The sign owner says the sign is patented and I can buy signs from his "franchise" and rerent them in areas he has avaliable. His signs are about $500 more than I can make them for. Can he patent something like that and if he can, can I make changes to to the sign I build so as not to infringe?
Answer:
Either you are misunderstanding him or he has not stated his case correctly.
His 'SIGN' (i.e., plywood) is not patented. His design, the lettering, the painting and the colors in a complete design probably are copyrighted however.
If you want to compete there is nothing stopping you. However if you plan on copying his design, the way he has 'produced' the uniqueness of his sign, then yes, you would be in violation of his copyright.
Answer:
His design I guess is what he is talking about the Black paint with florecent letters. If I want to paint my sign Black and use florecent letters to get the same effect what changes would I need to make to be able to do this?
Answer:
Without knowing exactly how his design is made, what it looks like and how you intend to 'change' the way yours are done there is no way to know.
You can use black paint and flourescent paint on your own signs since this is not copyrightable. However, you cannot use his design, his lettering (if he created the font) or anything that closely resembles his overall effect.
Answer:
ACTUALLY, you can paint your signs anyway you want. He cannot copyright the paints, the color 'scheme', the font or anything else. He can copyright graphic or pictorial 'art', so don't use his logo.
From the US Copyright office:
"Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:
1. literary works;
2. musical works, including any accompanying words
3. dramatic works, including any accompanying music
4. pantomimes and choreographic works
5. pictorial, graphic, and sculptural works
6. motion pictures and other audiovisual works
7. sound recordings
8. architectural works
These categories should be viewed broadly. For example, computer programs and most "compilations" may be registered as "literary works"; maps and architectural plans may be registered as "pictorial, graphic, and sculptural works."
And more importantly, what CANNOT be copyrighted:
"Several categories of material are generally not eligible for federal copyright protection. These include among others:
* Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
* Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)"
Source:
Finally, take a look at his signage and see if you can find a 'copyright notice'. Granted a notice is no longer required, but he can't get damages from you if he doesn't have one.

Answer:
I guess that would keep me from making them then if that is the case. This is what it looks like: black plywood painted flat black with black tracks to hold the letters, florecent block letters in all colors on plactic cardboard attached in the track or the larger letters attached by screws, with iron legs to hold it up. Very simple to make but just but painting the sign black and putting florecent letters on it, it would look just like his. What about changinh the size of the sign and the font of the letters?
also his sign says patent pending not anything about a copywrite
are they the same?
Answer:
patent and copyright are not the same. And read Jet's citation of the copyright code for further information.
Answer:
"This is what it looks like: black plywood painted flat black with black tracks to hold the letters, florecent block letters in all colors on plactic cardboard attached in the track or the larger letters attached by screws, with iron legs to hold it up."
Now that is something that might be eligible for patent protection.
"Very simple to make but just but painting the sign black and putting florecent letters on it, it would look just like his."
Are you talking about painting fluorescent letters on it, or attaching them in some other way? If the former, there would be no way that his patent would cover that. If it is the latter, then you would need to look at the actual patent to determine if he is limited to his design, or if he can also claim other ways to attach the letters to the sign.
In any event, if the patent is simply pending, he doesn't have anything. You could check the USPTO website to see if his patent application has been published (most, but not all, are after 18 months) -- if it is, you could also check on the status of the application using PALM on the USPTO website.