Re: Re: Re: Re: Artwork

Subject: Re: Re: Re: Re: Re: Artwork

Comments:
: : : 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, aus@auslander.com : : ELAINE's Workshop® : : E arly L egal A dvice I s N ot E xpensive™ : : Reality Check® : 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. : Regards, : Mr. Schwartz

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