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   Author  Topic: Fair use or copyright infringement - rock poster  (Read 666 times)
Bill Finnerty
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Fair use or copyright infringement - rock poster
« on: May 3rd, 2005, 3:31pm »
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I've created a rock and roll puzzle poster that I'd like to market. I've done a large painting where I've painted images representing band names - you have to guess the names by looking at the pictures. For example: Def Leopard is a picture of a leopard with a hearing aid, the Beatles are real little black beetles, the Rolling Stones are little stones rolling down a hillside, etc. There are over 500 of these from the 50's throught the present day on the poster; all grouped in one large landscape. I have listed the band names in alphabetical oprder on the sdies of the poster as clues. My question....will I get into any trouble for listing the band names? Is it fair use? My painting is like one big cartoon. Also, I've painted small likenesses of the Three Stooges to represent the band "The Stooges" and some Our Gang characters to represent "The Young Rascals". Will that get me into trouble? Is a humorous puzzle poster considered something that falls under the realm of fair use?
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Isaac
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Re: Fair use or copyright infringement - rock post
« Reply #1 on: May 3rd, 2005, 6:52pm »
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The good news is that you probably have avoided copyright concerns
provided that the likenesses of the Stooges and Our Gang characters
are not derived from photos, or other sources.  But you may
be trampling all over the publicity rights of the characters
you are using, and it is possible that your have infringed
some trademarks.  Maybe even some Lanham act based torts
could be supported.
 
Maybe you need some real legal advice.
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Isaac
JSonnabend
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Re: Fair use or copyright infringement - rock post
« Reply #2 on: May 4th, 2005, 8:38am »
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Your clues seem to be in the clear, assuming you created them yourself.  Simply listing the band names is likely in the clear as well either under the theory that the use is not a trademark use or the use is nominative.
 
You depiction of the three stooges and our gang characters might run afoul of third parties' rights as Isaac alluded to.
 
If you are going to be selling this puzzle, you may wish to run everything by a qualified IP attorney so you can accurately assess your risks.
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
Tim
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Re: Fair use or copyright infringement - rock post
« Reply #3 on: May 10th, 2005, 9:55pm »
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Dear Bill Finnerty,
 
I cant really give you advice on the copyright issues regarding your designs. Although I have had one company steal one of my poster designs and put it on a t-shirt. But I dont want to get into that B.S (what ever happened to business ethics?) But, I was wondering if you found a company to print your posters? I have designed several popular posters - sold a couple to spencer gifts,and now I am a regional sales rep for the company that prints my designs. If you need any help printing or marketing your posters, give me a call.
 
Thanks,
 
Tim McGarrigan
BAM-MARKETING, LLC
127 S. White Horse Pike, Suite B
Audubon, NJ 08106
tel: (856) 547-5889
fax: (856) 547-1462
web: www.BAM-MARKETING.com
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