Sorta OT - Trademark/Copyright Questions for Art Works

Jeff, the use of any other artist's work without permission is a violation of copyright law. If you want to legally use art that is not your own, you can license the use of it.

Those who violate copyright law can be sued and can also have the illegal items seized and destroyed by the state or federal officials. Getting away with it for a while is not the same as having it be a good thing to do. It is also better as an artist to be creative than to coast along on the works of others. Sarajane

Sarajane's Polymer Clay Gallery

Not sure what state you're in, but here's what Connecticut has to say about it:

----------------------------------- The State Seal

Please be advised that permission is required to reproduce the State Armorial Bearings and the State Seal under Section 3-106a of the Connecticut General Statutes:

Sec. 3-106a. Reproduction of arms and seal.

The official arms and seal of the State of Connecticut, or imitation thereof, whether as a reproduction, imprint or facsimile, shall be made and used only under the direction and with the approval of the Secretary of the State for purposes specifically authorized by the constitution and laws of the state or related directly or indirectly to the official business of the state, provided the secretary may in his judgment approve other reproductions of said arms or seal of the state for memorials and for purposes he considers educational.

To request permission to reproduce the "state arms and/or seal", please E-Mail snipped-for-privacy@po.state.ct.us or write to Mr. Peter J. Bartucca, Manager, Records and Legislative Services, Connecticut Secretary of the State, 30 Trinity St., Hartford, CT 06106.

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A good rule of thumb is that if you didn't create it through original thought and process, then you have to pay the person who did or at least ask for official permission to use it.

T> What about state/national/local emblems, flags, names, seals,

Licensing is a big money maker for colleges too. Plus they want to control their image and don't want the name and logo showing up on inappropriate items. School colors would be ok as that is pretty generic, but you can't use the school name or logos without getting permission and paying royalties. I would err on the side of caution and assume the same for high school teams. Would probably be easier to get the ok from the local school though.

No, they just haven't gotten caught yet.

There is a certain amount of leeway for "Fair Use" of portions of artwork in a greater whole, but that would push it over the limit. Better to just create your own original stuff as others have said.

Tanya

I don't know of restrictions against using school colors, and it is very common to see flags and national symbols (maple leaf, eagle, etc) made of beads and other materials so I think that's OK.

Tina

So here are my questions:

basically - DON'T reproduce anything that is trademarked or copyrighted - especially school team logos, flags, names or seals. they ARE all protected - and most protect them QUITE TIGHTLY. - on the "colors" thing - they probably can't prevent you from selling "blue and gold " pom poms... or "gold and maroon" this or that -- as long as it does not have any thing that identifies it to a particular school.

Probably -they have a license... or they are buying products from a licensed manufacturer - and reselling them.

otherwise - they are gonna get sued.... believe me.........

DANGEROUS GROUND -- get legal advice before you even try it. you can get away with "fair use" for yourself, or family gifts - but if you start selling - you are treading on very thin ice.

(cheryl - who Got an A- in Copyright last year...)

Cheryl of DRAGON BEADS Flameworked beads and glass

Okay, what if I sell let's say a bracelet that is black and silver, and says Raiders? Not "Oakland Raiders". Or the same, with a college (I see the colors for the Oregon Ducks a lot).

Not that I really do that. but just curious...

Also, let's say I do a bracelet in black/silver and say "show your team spirit. Black and Silver in the Oakland Raiders colors!"...

And no, I am not a fan of them...they were just the first ones I thought of!

Mary

That's gonna be really iffy. I wouldn't risk it.

OTOH, this is just fine, if it's part of your spiel. You're promoting an identification, but not *using* any actual trademarks. I saw more black-and-gold evening gowns at my Vanderbilt reunion...

(Mind you, you'll *lose* that sale if the shopper is a football-hater!)

Celine

Also, let's say I do a bracelet in black/silver and say "show your team spirit. Black and Silver in the Oakland Raiders colors!"...

I think you can probably get away with that.... That is what I meant about selling blue/gold pompoms or hats or whatever... they can't copyright the "colors" -- and use of the team as a reference only - I doubt they could do much about - as long as you use that kind of phrasing "team spirit" ..... xyz "colors" You just CANNOT use the logo....

Cheryl of DRAGON BEADS Flameworked beads and glass

The NFL and Disney are the two strongest protectors of their logos. Many colleges come in close behind. Harley-Davidson and Jack Daniels are also very interested in folks who use their images. I think state and national flag motifs are pretty much public domain, but you might want to check on that. National, state and local seals are copyright enforced, as well as federal agencies. There was a case where someone put up a bogus FBI web site and got into a lot of trouble. Schools colors are generally okay, but sometimes schools have sued and won. It depends on how the colors are used. For example, I can make orange and white beads, even white ones with an orange T on them, but I can't call them University of Tennessee beads. Even though everyone knows that is what they are. When in doubt, avoid it.