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Topic: Legal Live
Replies: 109   Pages: 8   Last Post: Aug 11, 2005 3:09 PM by: jaime longoria

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LEHMANN STROBEL PLC

Posts: 22
Registered: Feb 24, 2005
Re: Legal Live
Posted: Mar 3, 2005 7:06 PM
  Reply

Glen, could you expand more on the Creative Commons concept. As a practicing lawyer I am concerned that artists be clear that when they enter into the Commons they are giving up certain rights in their work -- rights that they cannot recover at a later time.

Colin Rusch

Posts: 1,435
Registered: Oct 16, 2002
copyright verbage prohibiting reproduction and resale of art
Posted: Mar 3, 2005 7:06 PM
  Reply

This was posed by Mary Axelson.

Hi. I am a painter and I have copyrights on my images. What verbiage should I put on each product such as prints, cards and originals to prohibit reproduction and resale of art?

Also if you send digital files to architects, art fairs, etc. How do you protect the copyrighted image? They could forward the e-mail to a printer(just an example) for instance right?

Giesla Hoelscher

Posts: 5
Registered: Mar 3, 2005
Re: photographs
Posted: Mar 3, 2005 7:08 PM
  Reply

I would be selling this collage as prints, which I may or may not sell as limited editions. My other prints are not limited editions, so I more than likely wouldn't. Right now, I am only selling these on my website and at local art fairs, so the distribution is VERY limited.

Is there anything that would be in my best interest to do legally to ensure that I wouldn't be infringing on any rights? I would rather be safe that sorry. I would hate to create the art and then have to stop because I failed to go through the correct channels.

LEHMANN STROBEL PLC

Posts: 22
Registered: Feb 24, 2005
Re: photographs
Posted: Mar 3, 2005 7:10 PM
  Reply

Jon, I agree with you in the sense that if a trademark is used on certain goods with the intent to create a "likelihood of confusion".

LEHMANN STROBEL PLC

Posts: 22
Registered: Feb 24, 2005
Re: Legal Live
Posted: Mar 3, 2005 7:12 PM
  Reply

I'm not quite sure I understand what you mean about using "your copy" -- could you expand?

Jon Garon

Posts: 23
From: Hamline University School of Law
Registered: Feb 24, 2005
Re: photographs
Posted: Mar 3, 2005 7:12 PM
  Reply

The easiest choice is to avoid photographing copyrighted work (including tee-shirt images) or trademarks. That easy choice is not necessarily an appropriate artistic choice, so try to be selective and discreet about the amount of such material is in a work.

You certainly should not feature the trademark. A large Nike Swoosh and images of Nike's celebrity spokespersons would raise far more concern than a collage focusing on inner city youth that happens to include Swooshes on some of the tennis shoes work by the subjects. The latter is entirely appropriate, while the former will likely cause Nike to respond. As a practical matter, respect for the property of others is the real key to staying out of trouble.

Giesla Hoelscher

Posts: 5
Registered: Mar 3, 2005
Re: photographs
Posted: Mar 3, 2005 7:16 PM
  Reply

My purpose of creating the collage isn't to make a statement. I would like to create a collage of Minnesota sports teams, the Twins, the Wild, the Vikings, etc. as merely a "memorabila" if you will, a way to combine several things together into one keepsake. It's somewhat hard to describe, but it's not for the purpose of disparanging the teams.

Mary Madden

Posts: 11
From: Washington, D.C.
Registered: Feb 24, 2005
Re: Legal Live
Posted: Mar 3, 2005 7:16 PM
  Reply

On a related note, we found in a national survey of artists that roughly one out of four artists have used the internet to help locate work from the public domain or find out if another artist's work is legally available for them to use. Clearly artists want to have access to public domain work...

Jon Garon

Posts: 23
From: Hamline University School of Law
Registered: Feb 24, 2005
Re: photographs
Posted: Mar 3, 2005 7:16 PM
  Reply

I am concerned both with the likelihood of confusion that might be caused by using the artwork (with an embedded trademark) and claims of dilution even if it is obvious that the graphic artist/painter was not associating with the source of the good. Because of the dilution claims, artists are forced to steer even more clear of incorporating famous trademarks.

Hathaway

Posts: 8
Registered: Mar 3, 2005
RE: copy
Posted: Mar 3, 2005 7:18 PM
  Reply

What if I wanted to include scaled drawings in a book so that others could duplicate the item? The ability to identify it as part of a museum collection adds value for my product (the book).

LEHMANN STROBEL PLC

Posts: 22
Registered: Feb 24, 2005
Re: copyright verbage prohibiting reproduction and resale of art
Posted: Mar 3, 2005 7:18 PM
  Reply

Although you are no longer required to include a copyright notice on your work it is still advisable. "Copyright 2005" or the little circle c and the date is adequate.

As for protecting works, that notice along with registering the work with the Copyright Office is wise. As we've discussed before, the real issue is about being able to enforce your rights when they are infringed on. To do that you have to police your rights, which can be difficult to do.

Jon Garon

Posts: 23
From: Hamline University School of Law
Registered: Feb 24, 2005
Re: RE: copy
Posted: Mar 3, 2005 7:23 PM
  Reply

If I understand your question, you want to reproduce a work in a book collection, attributing the location of the original public domain work. Factually stating what museum owns the original work does not implicate any legal right of the museum, so you are free to do so.

(Of course, if every work came from the same museum, there might be a claim that you were using the trademark of the museum to sell your book.)

Hathaway

Posts: 8
Registered: Mar 3, 2005
Re: Legal Live
Posted: Mar 3, 2005 7:24 PM
  Reply

Will someone also explain for me what constitutes a 'derivative work'?

And what one can and cannot do within that descriptor...

tim cameron

Posts: 4
Registered: Mar 3, 2005
Re: Legal Live
Posted: Mar 3, 2005 7:24 PM
  Reply

Hi,
This is a fine forum.
Background in theatre. Studying dance and architecture.
I wonder about sound ways of protecting a unique idea until fruition. What legal steps can be taken to "own" an idea?

thanks

Tim Cameron

Colin Rusch

Posts: 1,435
Registered: Oct 16, 2002
Re: Legal Live
Posted: Mar 3, 2005 7:24 PM
  Reply

Jon,

This may be a bit rudimentary, but I am curious what prompted you to write The Independent Filmmaker's Guide Law and Business Guide? How have you distributed that information other than in book form?

Colin

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