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Underground > Creation >

Copywrite infringement - advice please!

Haus of Mystery

15:40 / 18.08.04

Okay, so I'm thinking of producing some delightful pop-cultural items, using images of some bands that i have re-drawn. In no way will the band names be mentioned. What I need to know is, if these things are sold, can I get hammered by said band's legal teams for copywrite infringement. Like I say they are original drawings by me, taken from photographs, and will possibly be sold in no more than one outlet. Sorry if it all sounds a bit crap and vague, but a) 'good' ideas should be kept schtum
and
b)I'm a firm believer in not talking ideas out of existence, so i don't want to reveal too many details of my 'masterplan'.
If someone could give me any advice that would be grand. Like I said pure laziness on my part, as i didn't want to wade through legal sites, when someone in this lovely community might be able to help.

Cheers!

TeN

16:14 / 18.08.04

What about those guys in the mall who sell portraits of musicians and actors? I'm not really sure what the answer to your question is, but if you ever see one of those guys, ask them, they'd probably know.

Grey Area

17:45 / 18.08.04

As I understand it, the question comes down to mass production (copyright law is wonderfully murky and twisted). Musicians, much like screen artists, rely on their appearance to earn a living. It (and their music, yes) sets them apart from other acts. So it can be, and often is, subject to copyright. That's why you often see acknowledgements in articles for photos and the like (that whole 'picture courtesy of...' thing).

So if you're mass producing something with drawings of musicians on it, a particularly savage lawyer with a lot of time on hir hands could cause you some grief. The blokes TeN refers to might get away with it being a one-off tribute, as they're often selling the original. Are you thinking a huge line of high-street fashion? Or are you looking to flog a couple of screen-prints through your mate's record shop? The difference in quantity and exposure makes all the difference.

Haus of Mystery

19:46 / 18.08.04

Strictly small scale my man.

Tryphena Absent

17:11 / 22.08.04

Under British law you can't copyright a person's name, title, face etc. You can copyright a logo (so a band's name in a particular design), slogan, character, photograph of a group of people etc. So basically as long as you're not copying someone's specific work you're okay. If you want some real legal advice than you need to be a bit clearer and explain exactly what you're doing.

Tryphena Absent

17:12 / 22.08.04

(You'll probably be okay by the sounds of it but only if the person who took the original photograph doesn't walk past.)

Haus of Mystery

10:55 / 25.08.04

S'cool Anna - I think you've cleared it up for me as much as I needed. My ass is safe frm sueing! I'll let you all have a glimpse when I've got the work done. Let the curse of procrastination be lifted!

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