Re: Re: Re: Re: Artwork
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Posted by Mr. Schwartz on September 23, 2002 at 03:21:08:
In Reply to: Re: Re: Re: Artwork posted by M Arthur Auslander on September 22, 2002 at 23:37:48:
: : Can the car or motorcycle manufacturer
: : object to whatever image is painted on the hood
: : or gas tank? Even if Disney gives permission
: : to put Donald Duck on the hood of a VW Bug,
: : couldn't Volkswagon sue the owner of the vehicle,
: : the painter, and Disney for putting the likeness
: : of a "duck" on a "bug"? Would anything be
: : different if it was a generic duck and not the
: : likeness of Donald Duck, even though VW still
: : doesn't like their car associated with a duck?
: : I just saw three Jet Blue (the airline) logos
: : on a three car caravan of VW Bugs. Of course
: : Jet Blue gave permission. But is it likely that
: : VW did as well?
: : One last permutation on this theme: would it
: : matter what the original product was? In other
: : words we were originally talking about cars and
: : motorcycles. What if we were talking about
: : bicycles, video arcade machines, boxed chocolates,
: : softdrink bottles/cans, etc.?
: Dear Mr. Schartz,
: Once you own it you can do what you please and take legal responsibility for what you do.
: M. Arthur Auslander
: Auslander & Thomas-Intellectual Property Law Since 1909
: 505 Eighth Avenue, New York, NY 10018
: 212-594-6900, fax 212-244-0028, email@example.com
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Mr. M. Arthur Auslander,
Thank you for the quick response. The first part
of your response is straight forward,
but the second clause is ambiguous in my mind.
Although you say once I own it, I can do whatever
I want with the product, does that include selling
it? Andy Warhol painted a picture of Campbell's
soup and profited from that. Would you say, he
could have painted the Campbell's soup can itself
and sold that, without approval?
Thanks for explaining this intricate concept to
the many laymen you have in your audience.
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