More on Trademark/Copyright

[Billct2]

During a recent discussion on what is and is not legal when it comes to using trademark/copyrighted designs I remembered seeing this in one of the trade magazines. Couldn't find it then, but just came across it again, from Signs of The times September 2017 about the Best in Show winner of the vehicle graphics competition.

 

[HDvinyl]

Hmmmm.

So I can take Pokemon and make him p!ssin' on a Ford and these companies won't mind because no money was exchanged?

 

[Johnny Best]

Everyone knows that Pokemon guys are not genetically capable

of pissin like Calvin, they tinkle.

 

[Gino]

So, because some editor said this, it makes it correct ?? I don't think so.........................

Send Pokemon the article, check it out, then see what they have to say about it.

 

[papabud]

yes even the television news stations get the basic laws wrong.
so unless they are a lawyer that deals with this subject. they just talking nonsense

 

[Billct2]

I don't either, but it doesn't help when the editor of the oldest and largest sign trade magazine propagates the same false information.

 

[Manevitch]

Context is everything, and without seeing the nature of the project it's tough to say whether this is OK or not. If I'm making this as a product - regardless of whether money changes hands or not - I've caused monetary damages to the trademark or copyright owner. But years ago when I trained people how to print/cut/weed/tape/apply, I often used popular logos because of the familiarity and the complexity - and to provide some variety. But once we were done training, the vinyl was peeled off the wall or vehicle and thrown away. So because the usage was purely educational, that would fall under Fair Use.

 

[DJr]

It's a NO NO without written permission from the image / logo owner. Then you still have to verify the person giving you permission is legit. Money doesn't matter as that transaction is very difficult to prove.


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[ikarasu]

Hmmmm.

So I can take Pokemon and make him p!ssin' on a Ford and these companies won't mind because no money was exchanged?

This you could do... Because it'd be a parody. Well, I dont know if you can copy a pokemons exact image, but if you were paradying it.. it'd be ok.

What Is Fair Use?

If you made him look like a Chevy mascot pissing on Ford, it'd be ok. Now if you were chevy... I'm sure that would fall into a different category.

Laws are tricky. Every lawyer will have a different opinion, and even if you were in the right you could still get taken to court and lose by a jury of your peers who aren't copyright lawyers / know the rules. I think it all depends on the context of how you use it...

Nintendo has always let people use their stuff as fan art. Of course now that Satoru Iwata is dead... that may change.

But I'm with the others... Doesn't matter if money exchanged hands or not. I can't download a movie and watch it, or music and listen to it legally.... No money is exchanging hands, but I'm still reproducing copyrighted stuff. So I have to side with the magazine is wrong on this one.