Copyrights and Sign Making

[grafixemporium]

Let me start by mentioning that I completely understand copyright laws. I realize that reproducing any logo or trademark that you do not own the rights to or have written permission to reproduce is against the law. There are no exceptions to these laws. Many of you will say that I just answered my own question. For the rest of you...

in the real world...

If a customer comes in and wants one or two signs produced with an NFL or MLB logo on it, what do you do?

What about Little League or PeeWee Football teams who wants to reproduce an pro team logo on their own team banner? What do you do?

What if someone comes in and asks for 200 MLB team logo decals? Regardless of their intended use... what do you do?

I'm not asking anyone to incriminate themselves... just wondering where you all stand on this one and where you draw the line.

Andrew

 

[iSign]

My line blurs from time to time... but it clears up before taking the jobs you mentioned...

I put Blues Clues on a birthday banner once, and another B-day design done by a client had an awesome original photoshop background, but it had one Nemo fish in it...

I've told people to forget it on NFL though (welll... ok, there was this one Raiders guy I owed a favor to... small back window kind of favor...)

 

[Mainframe]

I read an article on this a few years ago & here is what I remember from it, the way the copyright works is you go to www.copyright.org & register your drawing, song, photo etc, you have to pay I think 50 bucks & they will send you the copyright register papers of your item. This is the best way to obtain a copyright but I must also say ANYTHING a designer or other artist creates has an automatic copyright. If you register it & sue & win you can recover not only the damages but also the court costs to sue. Now if someone infringes on the use of that item you must get a lawyer & send them a cease & desist order & they must comply, here is where it gets muddy, you could send back an apology note & offer to pay damages or wait for them to prove damages. Damages are the profit lost from the infringement, also the law of the land was broken & that issue has to be dealt with, that is up to a prosecutor, this is what happened in the music industry, people were prosecuted, but a lot of times just stopping the infringement is enough, if you made 2 copies of a logo on 2 banners & made 50 bucks profit on each that is what will be rewarded - plus court costs, So suing would not be profitable. But as everyone knows laws change constantly so as far as the criminal part who knows, they can't catch Bin L but they sure nailed Martha Stewart!

 

[ChicagoGraphics]

I allways turn people down that want's any work that involves NFL,NHL,NBA etc. for personal or other use.

 

[signmeup]

Mainframe, I think that is the first post I ever saw on this site that mentions the penalty for infringement. Good post!

 

[SignsOfMaine]

I guess it depends on what the want to use the logo for.

If they are naming their little league team the Panthers and want to use the Carolina Panthers logo, and just have you photoshop out "Carolina"... then for sure, no, they're stealing someone else's design work and using another team's name to make their own team look better.

If they are writing a sign that says the NHL can suck it and they want the logo, then... no

But if they are doing something that supports the group that uses that logo, I would go ahead, like if they want the NBA logo on a banner that shows they have a sale on official NBA jerseys and merchandise.

 

[signage]

MainFrame if that is all they can get how does HD and JD close down shops that use their designs?

 

[Bigdawg]

No. I always say no... unless I say yes, which doesn't happen in the normal course of business. Like iSign I've used a logo on a personal banner for one of my customer's kids. And (heaven forbid) I cut a spongebob out of thermo to make a shirt for my grandson once.

But in the normal course of business, it's an automatic no.

 

[Mainframe]

If someone sells 4 million JD hats & JD catches them, now you need the "damages" in the form of a check or cash to get you out of trouble - hence the shop closes, also I am not an attorney so I don't know if they can press charges or not I assume they can, also they may have a policy that states they won't work with you no matter what, whether it's 2 logos or 4 million, that could be why they get shut down

 

[signage]

If someone sells 4 million JD hats & JD catches them, now you need the "damages" in the form of a check or cash to get you out of trouble - hence the shop closes, also I am not an attorney so I don't know if they can press charges or not I assume they can, also they may have a policy that states they won't work with you no matter what, whether it's 2 logos or 4 million, that could be why they get shut down

So what your saying is what you posted in post number three you are not sure of, they may be able to get more of an award then just what you sold them for! Why then would you post that?


My advice is not to do anything that is cpyright unless you want to possibly loose every thing and more!

 

[Mainframe]

I am saying that what I read they get damages on the number you sold/profit/-as for the legal part I am not sure of, the article was a while ago & the laws change, I am assuming the laws are tougher now because of the record companies, I saw a copyright application & it has a checkbox for song or drawing or photo on it. As for the profit if you get nailed 2 years after making hats , you probably don't have the money sitting around to give to the copyright holder so you go out of bus - maybe they make a deal -I don't know any one who has been through this - I just posted what I read
the damages are they profit the copyright holder lost by you selling the product

 

[sarge]

i hear what your saying maindude .. here is my story .. i was a vendor at the arizona state fair selling stickers, magnetic ribbons and golden flax seed a few years ago .. in my book of examples i had some micky mouses and chevys bowtie .. and guess who visited my booth .. those 2 dudes from the FBI .. but all they made me do was remove those items from my book and do not "promote" i will sell them .. the guy across from me was selling cell phone covers with the same stuff .. the feds came back he still had the stuff up and selling it .. the hand cuffed everyone ain that booth nd then that night the booth was gone

 

[Gino]

Other than a license plate or two or a small favor for a friend which wasn't going anywhere with it.... we will never do any logo re-productions in any way, shape or form. It's not that you might get caught.... it's when you get caught. Besides, there is no.... a little wrong here... You are dead wrong, no matter how much or little you do it. When we did it.... it was many years ago and we didn't know any better, but now we do.... only signed off and authorized logos will fly here. We do some sports teams and stadiums and arenas.... and we have each and every job completely signed off on. The same thing goes for real estate companies, automobile manufacturers, cartoons and anything that looks official.

 

[Idea Design]

Stacy, tell 'em that story about the guy from the race track in Bristol a couple years back.

 

[DOGraphics]

Hells Bells

Pay me enough and anything goes.

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:ROFLMAO:


























































Just Kidding

 

[Graphics2u]

I guess it depends on what the want to use the logo for.

If they are naming their little league team the Panthers and want to use the Carolina Panthers logo, and just have you photoshop out "Carolina"... then for sure, no, they're stealing someone else's design work and using another team's name to make their own team look better.

This kind of thing happens so much though it's frustrating when someone asks for something like this and I have to tell them no. They will say but look at this school or that college, they do it. And yes even colleges do it, not many but some do.

I thought Imitation is the sincerest form of flattery anyway??

 

[Bigdawg]

Stacy, tell 'em that story about the guy from the race track in Bristol a couple years back.

We set up at the track in Bristol a few years back - our first year selling at a Nascar Event. Our shirts were all custom designs (thank heaven) but dude next to us had Git-R-Done shirts that he was selling along with HIS custom designs. TBI (Tenn Bureau of Investigation) went through the track and nailed him for it. Confiscated ALL of his stock (not just the GRD shirts), his brand new truck and the trailer everything was in. He had transported illegal goods across state lines.

Not worth it and taught us our lesson right then and there.

 

[synergy_jim]

I think the NFL, NBA, MLB and NCAA should sue 75% of the high schools in existence for using their logos...

that'll teach those pesky kids....

 

[copythat]

Look Out!

Let me start by mentioning that I completely understand copyright laws. I realize that reproducing any logo or trademark that you do not own the rights to or have written permission to reproduce is against the law. There are no exceptions to these laws. Many of you will say that I just answered my own question. For the rest of you...

in the real world...

If a customer comes in and wants one or two signs produced with an NFL or MLB logo on it, what do you do?

What about Little League or PeeWee Football teams who wants to reproduce an pro team logo on their own team banner? What do you do?

What if someone comes in and asks for 200 MLB team logo decals? Regardless of their intended use... what do you do?

I'm not asking anyone to incriminate themselves... just wondering where you all stand on this one and where you draw the line.

Andrew

We had a street fair back in Oct & a local publishing company used a trolley pic from internet. Well you guessed it. The original owner of that pic lived in the neighborhood. He questioned our president of the Throggs NEck Merchants Association who gave permission to use it. Of course he told him to go to the source that the merchants sponsored the street fair not the publication. I was told that publication worked out a deal on their own. IMO "Watch OUT"