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Author Topic: art and logos  (Read 394 times)

inhaler97

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art and logos
« on: 06-22-10 at 08:35 am »

Hey all, I had a question, and thought I'd ask around before plunging some money down and starting a project.

Im an artist and I'm putting some work together for a project.  I had a question about trademark infringement, and selling artwork.  I obviously want to try to sell the work, but Im worried its trademark infringement, maybe someone on here can guide me to reading about the law or answer my question.

SO project-  to put it as simple as possible I plan to do drawings of shoes, and sell the drawings. Problem is the shoes Im planning to draw have distinct logo's (think Nike Swoosh, Adidas) on the show. If I were to sell the drawings is this copyright infringement?  Would i need to get permission from the companies in order to sell the work? 

(My understanding is, if I were to make money off the product and it has someone elses logo, then yes, I would have to pay a licensing fee, but if its a representation of the logo (as in a pencil drawing) does that still qualify as logo reproduction?)

Thanks in advance, I appreciate any help.
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JSonnabend

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Re: art and logos
« Reply #1 on: 06-23-10 at 06:07 am »

Generally speaking, if you are creating a work of art (even it is sold at a profit), then the depiction of a trademark in that art would be protected by the First Amendment.  Be careful to ensure that the artwork isn't such that a viewer would likely think it was created by or endorsed by the trademark holders.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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