A legal type question for experienced commercial artists, page 1


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ATS Members have flagged this thread 2 times


reply posted on 6-11-2012 @ 08:55 AM by abeverage
www.democraticunderground.com...

Let me know if that is what you are looking for. It falls either under lampooning or Free speech in a lot of cases.



reply posted on 6-11-2012 @ 08:55 AM by grey580
reply to post by TKDRL



www.legalzoom.com...

Look for derivative works and fair use.

And another well-accepted category of fair use is parody: works that use copyrighted (for purposes of this conversation) works to make fun of, criticize or otherwise comment on those original works: 2 Live Crew’s use of Roy Orbison’s “Oh, Pretty Woman” is the best-known example of parodic fair use.


If it's obvious you are doing social commentary with your art it should be covered by fair use.


reply posted on 6-11-2012 @ 09:45 AM by swan001
reply to post by mysterioustranger



But if he displays it for education-only purpose, not lucrative, is it OK? Does he still need a permission just to "talk about it"?


reply posted on 6-11-2012 @ 09:50 AM by windword
I wonder if Andy Warhol got permission from Campbell's?



Here's a link to an interesting thread on the subject.
www.democraticunderground.com...

From what I understand parody is "Fair Use," and free speech.
en.wikipedia.org...

Good luck!

EDIT: Here's another link. www.ehow.com...

Apparently, Andy Warhol's can were considered "fair use."

For instance, Andy Warhol's "Campbell's Soup" is an example of fair use. Though he reproduced the label of a Campbell's soup can, a trademark of the brand, he did it in a way considered "transformative," as a comment on American culture and the nature of mass production. His work said something that was not already inherent to the original work and was not meant to be seen, or sold, in the same way as the original.

Read more: Copyright Laws on Internet Graphics | eHow.com www.ehow.com...
edit on 6-11-2012 by windword because: (no reason given)



reply posted on 7-11-2012 @ 01:54 PM by mysterioustranger
reply to post by swan001


I beleive it would be a form of "Disclosure" that he doesnt represent himself as a respresentative of that(those) companies.

If he did that...it wouldnt be worth any company to go after "John Q. Public"...because it was stated that way.


reply posted on 7-11-2012 @ 01:58 PM by mysterioustranger
reply to post by TKDRL


Fair use does not let you SELL it in your gallery. A CEASE and DESIST order would prob be rt around the corner form Trademark owners.

"Fair use" si common place of course...but no SELLING it or copies of it.

We had some Art Fairs this summer where plain clothes officers went thru them looking for this very thing.
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