Recently some companies I work with are instituting policies with concerns about copyright ownership.I do windowsplashes exclusively.I often sub-contract various production assistance for multiple store jobs; vinyl or patterns for example. Sometimes customers want the logo of a product they sell or a product illustration.I understand the need to protect intellectual property but this is more like a Chevy logo on a Chevy dealership. Do any of you have policies or clauses you use to clarify and protect yourself while eliminating any unneeded beurocratic processes? Posted by John Arnott (Member # 215) on :
Dawn, Don't worry. . . .just do it. . . .make as much money as you can . . .don't sweat the small stuff!
Posted by Dave Grundy (Member # 103) on :
Dawn..If the dealership has a sign on it's lot or on it's building you can be sure that a sign company made it and put it there. Whatever they ask you to do will be OK also.
Follow John's instructions!! Posted by Stephen Deveau (Member # 1305) on :
Just get the "Manager!" to sign off on the artwork... Stating the use for a brand name or trademark logo. If needed to be! If Not! Then ask for a approval from the Brands'.. Companies Rep.
[ October 05, 2006, 04:48 PM: Message edited by: Stephen Deveau ]
Posted by ScooterX (Member # 2023) on :
most of the time you're safer including the TM, (R), or whatever, than leaving it out. Why wouldn't you put it there?
Posted by Curtis hammond (Member # 2170) on :
because those symbols are no longer necessary for protection
Posted by Ray Rheaume (Member # 3794) on :
Trust your gut. If it raises hackles on the back of your neck, you probably should ask for permission from the powers that be. Putting a great big bowtie on a Chevy dealer would seem okay since they are usually "Authorized" to use the image to promote sales. I doubt they worry too much about using it on ads and flyers either.
Rapid
Posted by Dawn Drake (Member # 6533) on :
I didnt say It WAS a chevy dealer I just think the situation is simmilar. I often have nextel logos to do and that has not been a problem. This particular time it is a sewing machine dealer who has embroidery cards made by Brother. The new embroidery cards feature sponge bob and other characters which are tradmarks of viacom- a mega corp. Viacom made these cards with Brother sewing machine co. I dont have a problem here but the guy who usually does patterns for me does. I got art from web sites as ref. material because that way I could choose what would fit the layout. Do I have a problem?
Posted by ScooterX (Member # 2023) on :
well, if you're PAINTING these, then you're safe either way. trademark and copyright infringement is only for "mechanical reproduction". so a hand-painted window splash of Mickey Mouse, Sponge Bob, or the Exxon tiger are all OK.
cut decals are a different issue altogether.
If you're producing decals (etc) based on artwork the customer supplied, then just have them initial that they have the rights to use those images. (you're just "following orders" in that case.)
if you go on the net, find a pic of Calvin, and cut a bunch of ****ing boy decals, then you're probably in violation of trademark restrictions.
and, if the image is big enuf, then add the little TM where they show it on the art.
Posted by Checkers (Member # 63) on :
Hiya Dawn, I'm no attorney, but I feel that this is one situation where it's better to get permission than it is to ask for forgiveness. IMHO, you should follow Ray's advice. If you even think it may be a little fishy, don't do it.
Here's a quote from www.copyright.gov... "Could I be sued for using somebody else's work? How about quotes or samples? If you use a copyrighted work without authorization, the owner may be entitled to bring an infringement action against you. There are circumstances under the fair use doctrine where a quote or a sample may be used without permission. However, in cases of doubt, the Copyright Office recommends that permission be obtained".
Here's another quote under fair use... ...the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include — (1) the reproduction or distribution is made without any purpose of direct or indirect commercial advantage...
I interpret the above to mean that the only way you can reproduce the copyrighted work without the permission of the owner is if you plan to use it for non-commercial, educational or informational purposes. And since you and your client stand to profit from the use of Sponge Bob, this would be a "commercial advantage" and a violation of the copyright laws.
Stephen D's sugestion of having the client sign some sort of release of liability may protect you to a certain extent, ignorance of the law is not a defense. If you know or can find one locally, consult with an attorney that is knowledgeable in this line of work. I'm sure you're familiar with the old saying, "an ounce of prevention..." In this case, it could be an hours of an attorney's time versus a $150,000 fine.
Havin' fun,
Checkers
Posted by Tim Whitcher (Member # 685) on :
When I worked at Disney World (Yearsssssss ago) we carved images of Mickey Mouse on pumpkins. The images had to be approved by corporate "to insure continuity of character design" (i.e. they had to look exactly correct). In the mid eighties, Disney made a independent daycare paint over the Disney characters (handpainted, not "authorized decals") that decorated the daycare walls. Large corporations can be pretty anal about this.
Posted by Tim Whitcher (Member # 685) on :
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