Another copyright question

[Fred Weiss]

Well should i make the client sign a waiver that i have no permission from the respected creater of the cartoon characters and they are aware they are doing this at their own risk?

The waiver won't protect you. If it would then everybody would pass the buck to the client and go crazy doing everybody's logos.

 

[high impact]

"correct"


I call... ;-)

 

[Ken]

One of four hundred...gives a big clue how protective these trademark issues are.
Cheers!
Ken

 

[Rick]

Let's say you were contracted to replicate the $100 bill for a client..they supplied the artwork and media...would you do it?
He ...he...

You can do it in the US using these guidelines...

Regulations for Reproducing U.S. Currency Images
Whether you're talking about doing an informational handout for your commercial customers, doing in-house training, or using images of money in your advertising, you'll want to know what federal law says regarding color illustrations of U.S. currency. The pertinent federal regulation appears below:

Regulations for Reproducing U.S. Currency

PART 411 -- COLOR ILLUSTRATIONS OF UNITED STATES CURRENCY

Authority: 18 U.S.C. 504; Treasury Directive Number 15-56, 58 FR 48539 (September 16, 1993)

411.1 Color illustrations authorized.
(a) Notwithstanding any provision of chapter 25 of Title 18 of the U.S. Code, authority is hereby given for the printing, publishing or importation, or the making or importation of the necessary plates or items for such printing or publishing, of color illustrations of U.S. currency provided that:
(1) The illustration be of a size less than three-fourths or more than one and one-half, in linear dimension, of each part of any matter so illustrated;
(2) The illustration be one-sided; and
(3) All negatives, plates, positives, digitized storage medium, graphic files, magnetic medium, optical storage devices, and any other thing used in the making of the illustration that contain an image of the illustration or any part thereof shall be destroyed and/or deleted or erased after their final use in accordance with this section.
(b) [Reserved].

 

[ProWraps™]

Let's say you were contracted to replicate the $100 bill for a client..they supplied the artwork and media...would you do it?
He ...he...

just dont use photochop. it will lock you down if you try to scan a bill! rightly so. again, its up to you on this one. if you came on here asking the question, you knew there was a liability. chances are NO national company that has rights will allow you to use their artwork and here is why....

as a federal trademark owner, it is my RESONSIBILITY to defend my intellectual property. if i dont, it is the RIGHT of the government to show that i did not deffend my intellecutal property rights against those that have tryed to steal it and therefore i lose the right to own the intellectual property.

realize that isnt legal speak but its the gist of it.

this is the reason when people say "oh wtf are these jerks doing. all i was trying to do was compliment them by making a wall mural of their whinny the poo charater for my kid" i realized what was going on.

they HAVE to deffend it. if they dont, from what i understand if a year goes by, and is provable in court, that they didnt try to deffend it, its can be taken and released. its JUST BUSINESS.

again, im a fool and could be wrong, but that is what i was told by the gov, when i registered my federal trademark.

 

[Ken]

Yes, the dollar is shrinking..now get printing...lol
Ken

 

[high impact]

I'm telling you that it's real,,,seriously! It must have shrunk in the wash! Argh....

;-)

 

[ProWraps™]

is it me, or did you all hear the same thing about currency and alcohol in films.. notice that the representations of both are fake? i was told a long time ago that you couldnt have the real thing in a film. kind of strange, and i always wondered. never seemed to know why?

 

[Ken]

Tecdady is correct..that's why Harley has so many copyright police on staff..they need to defend and litigate against any perceived infringment...must cost them big bucks..
Ken

 

[high impact]

I thought I could print out a "whinny the Poo" for my kids wall. I just can't print for resale or giveaways...true?

 

[ProWraps™]

Tecdady is correct..that's why Harley has so many copyright police on staff..they need to defend and litigate against any percieved infringment...must cost them big bucks..
Ken

the feds just busted ALL the LV and coach vendors at denios market here in roseville. one of the largest flea market/farmers markets in the US. was a big story.

it was a US patent and trademark violation. they came in with guns pulled and raided all the small little tables. they dont play. i was amazed. dont sell pee on calvin decals. copyright infringment is no joke. realize that the feds HAVE to respond to each complaint, and they WILL.

 

[ProWraps™]

I thought I could print out a "whinny the Poo" for my kids wall. I just can't print for resale or giveaways...true?

no. no true at all. you CAN NOT reproduce intellectual property under the federal guidelines.

hence the word PROPERTY. it means ownership. as times get tough, you will see more crackdowns. its guaranteed money. and as i mentioned above, must be done to known violators to protect the property.

not that you are by any means a known violator, but just to let you know the laws.

and good god, if you can read those pesky laws without getting a headache, you should become an attorney!

 

[Rick]

I thought I could print out a "whinny the Poo" for my kids wall. I just can't print for resale or giveaways...true?

Technically, no you can't really do that. I am trying to find a link regarding that and the Orphan Works legislation and the argument that it should be lightened up like the outlawing of all works for personal use. The orphan Works bill has major flaws, but the current law seems a little too protective too.

 

[Ken]

"I thought I could print out a "whinny the Poo" for my kids wall. I just can't print for resale or giveaways...true?"... an anal retentive employee ( or a laywer) would be happy to make some dollars from that innocent use of a trademark...
Really...without permission..it is wrong...but really...who is harmed by this type of use..in the case of the original post...I'd do the job..dont get involved with legalities..chances are so extremely slim that it will be an issue.
However, you have tipped your hand to the copyright holder of your intent..still waiting...better wait some more.
In the future..just go for it...
That's my personal and careless attitude showing...You have to deal with reasonability here...hope you get the right Judge...
Ken

 

[ProWraps™]

http://en.wikipedia.org/wiki/Trademark_infringement
http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm
http://www.bitlaw.com/trademark/infringe.html
again.. loose lips sink ships... i cant and wont condone it. but eh... you get the picture.

 

[high impact]

I am not a violator just to be clear...in fact, I am anal when it comes to securing copyright release in my shop. With that said.

So that I get this right, what everyone is saying...I can't project a transparency copied from a coloring book of whinny the poo on my kids wall, sketch and paint it in either? That sounds to me to be plain and simple copyright or trademark infringement from what you are all saying. Regardless of whether there is remuneration or not?

I believe you, I just want to clarify becuase there are a whole lot of well intentioned people misunderstanding the laws.

 

[ProWraps™]

in theory.. no.

 

[Air Art Girl]

We do work for Nintendo since their main distribution warehouse is in our town and I have done airbrush events for them for many years.

I can tell you that they are very sticky about their images and logos. One of their annual awards got messed up and they came back and asked if I could make another one and they would not even let me keep the one with a scratch on it to put on display in my shop.

We printed some posters for them with their files because we could do them faster then their inhouse could. It was with permission, using their files and the work was for them. I seriously doubt they would allow their logo or images to be used on your project.

I have done a bit of custom logo work for corporate clients and some are really easy to work with but the only one I have worked with that is worse then Nintendo is Microsoft.

 

[ProWraps™]

lets put it this way...

we do ALL of nor*cal's mr. r**ter vans (substitute ** with oo). you will not find one of them in our portfolio (aka JUST A PICTURE!). we had to sign a contact under a $10K violation for EVERY reproduction (aka picture).

yeah sucks. would be a great portfolio piece. but that shows you how much they MUST protect their intellectual property.

 

[Rick]

A reproduction whether printed or painted is a reproduction. It is infringement. One can argue till you are blue in the face if you should do it or not. That decision is a personal one...