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what are the copy write laws on selling an original piece of art displaying a brand, or company logo?
i am an artist and i have done several original pieces (drawings). several are pictures of bottles of specific brands (example: coke). do i need permission from the companies (coka-cola) to sell the originals or prints? also i see drawings of famous people done by artists in malls and various places. does an artist need permission from the person for use of their likeness?
1 Answer
- Vince MLv 71 decade agoFavorite Answer
The term "copyright" means having the "right to copy." Basically, no one can use or copy the protected image with out the consent of the copyright owner. Trademark protections are similar in nature.
However, written into copyright laws are certain "fair use" clauses that to allow, for instance, someone who buys a music CD to make a copy for his own personal use, as long as he does not sell, or even, give away one of the copies. It allows a researcher to photocopy a page of a book, or an illustration for his research, as long as he does not intend to distribute or reprint copies in any other form. "Fair use" rules allow a book or movie reviewer to publish or broadcast short clips from the copyrighted works, or authors to cite original works and similar uses.
For your situation, "fair use" doctrines do allow for parodies of original, copyrighted works, such as when Weird Al Yankovik did his parodies of Michal Jackson's and Madonna's and other's music. Andy Warhol made much of his fame by produing large paintings of commercial products, the most well know of which was the "Campbell's Soup" can. It CAN be a grey area, but, if your intention was to creat a painting, or graphic, as a work of art, you would probably be safe, even if you intend to sell the pieces.
Selling images of famous people seems to fall into a different category. While "People Magazine" needs no permission to publish pictures of a drunken Lindsey Lohan, if you were to attempt to sell portraits of her likeness, you could be successfully sued for using her image without her permission. You may have seen John Wayne and Marylin Monroe posters and portraits for sale. The producers of these works had to purchase licenses from the estates of these deceased actors to market the images. Periodially, attornies and investigators for big time copyright owners, like Disney, Viacom, NFL, NBA, and others, comb flea markets and clearance stores, serving notices for these establishments to "cease and desist" the sales, and to confiscate those products not offically licensed for reproduction.
I often get clients asking me to "put in a picture of Mickey Mouse" in their ads, or to airbrush a San Fancisco 49ers helmet on their tee shirt or sid of their van, or to do something similar. No matter how much money is offered, I ALWAYS refuse. I don't make enough money that I can afford to be sued. In fact, anytime someone hands me a photgraph to be used in any commercial graphic, the first question I ask is "who owns the copyright for this image?" If some commercial photographer took the picture, HE owns the image, and I will not use it unless I get permission, IN WRITING, from the photographer.
I play it safe.
Source(s): Designer, Illustrator and Desktop Publisher for over 30 years