the on-going Calvin-decal thread prompted me to post this up (again). please don't confuse "Trademark" or "TM" with "Copyright" or "(c)". It is important for commercial artists (and most of us here are commercial artists) to know the difference.A trademark is a legally protected image ("mark") that is "recognizable". The Coca-Cola script, the Nike "swoosh", Calvin, Hobbes, Mickey, the John Deere deer, and (now) John Hancock's autography, etc.Trademarks protect the mark's owners from other people _USING_ their mark against their wishes.
Copyright is a legal protection to a particular work. (an original, unique piece of work). Books, movies, drawings, technical drawings, etc. Copyright protects the creator/artist from others making COPIES of that work.
Here are some distinctions that might help. Hemmingway has a recognizable style of writing. Hemmingway's stories are all protected by copyright. If you photocopied 100 issues of "The Old Man and the Sea" and tried to sell them you are violating the law. If you changed 5 percent of the words in the story, and changed the title to "An Old Guy and the Ocean by Ernst Hemminhaw" you would not be breaking the law. (and only a few idiots would buy your book). If you write a story in the "style" of Hemmingway, you are not breaking the law (unless you pretend you are Hemmingway).
Now, if Hemmingway could have "trademarked" his "style" then you couldn't use it. Our laws dont permit trademarking a style, so its OK.
If you draw Calvin or Mickey and you change 10 percent of the lines you are still violating the trademark. As long as it is recognizable as "two yellow arches" McDonalds will get you. You can make the swoosh longer and fatter, but if it looks like the swoosh, Nike can come after you.
the copyright of EVERY piece or art legally belongs to the artist that created it (unless you are an employee of a company, and then your employer owns it). the copyright pertains to the ORIGINAL drawing or sketch. If your competitor accross the street looks at a drawing and does his own version (ie, not an EXACT copy), then he has NOT violoated your copyright. If the competitor makes photocopies (ie, EXACT copies) of your sketch and sells them, then he HAS violated your copyright.
Copyright is automatic. Trademark (like a patent) has to be applied for and is a long, expensive process.
No, I'm not a lawyer, and yes, there are a lot of fine points (and even some major ones) that i'm glossing over here. I hope this helps a few people understand why some images can be "borrowed" and why others cannot be.
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