Re: legal to sell artwork?
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Posted by M Arthur Auslander on March 27, 2002 at 21:46:14:
In Reply to: legal to sell artwork? posted by kevin moore on March 27, 2002 at 17:05:34:
: My wife makes tile mosaics for fun and a hobby. She has received good responses on a lot of her work, but she has one piece that stands out above the rest. It is a sign with the name "spiderman" written in script that is formed by many pieces of multicolored tile.Several people have suggested that she show her work and try to sell some of it. We were wondering if it would be legal to sell the spiderman picture without a license. There is no actual picture of spiderman or any references to the cartoon, just the word "SPIDERMAN". If not, then how would we go about obtaining a license and how much can we expect to pay? We are not talking about a mass production so I'm not sure about the reaction from the folks at Marvel Comics. Is this the same situation Andy Warhol encountered when he made the painting of the Campbell's soup can?
Dear Mr. Moore,
I won't take professional responsibility for, my legal guess, but I don't see a problem, if the work is not a copy of a Spiderman character. As I see it, from what you say, the work is a an artistic creation of a well known character which is not a copyright infringement nor a trademark infringement. I think you are on the right track with Warhol.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
The Intellectual Property Law Server
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