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Posted by M. Arthur Auslander on April 06, 2001 at 05:55:59:
In Reply to: Painting posted by Simon Lear on April 05, 2001 at 14:47:50:
: I would be grateful if anyone could provide any advise on whether the scenario below infringes any copyright or trademark law.
: An artist has painted a famous sports stadium and wishes to sell it locally. He has included the name of the stadium and the name of the home team.
: He will be selling the painting for profit as part of his business. Is he ok to paint a 'scene' of a recognisable landmark whose name is probably registered and include tradenames without permission?
: Is he ok to market the product refering to the team and stadium?
: Any thoughts gratefully received.
Dear Simon Lear,
Without taking professional responsibility for the answer, my guess on the facts as presented by you is that the artist should prevail if challenged.
Basically as I see from what you have said is that the art work is a reprodcution of life as distinguised from a commercial use of trademarks.
M. Arthur Auslander
The Intellectual Property Law Server
Old Copyright Forum