If I’m a artistic painter who has created numerous paintings involving sports figures and other popular public icons, can sell these without infringing copyrights?
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If I’m a artistic painter who has created numerous paintings involving sports figures and other popular public icons, can sell these without infringing copyrights?
I have created many paintings over the years involving sports figures and other popular public icons. I was curious if I can sell these without worry of copyright infringement. Most of the paintings include a logo (Buffalo Bills, Boston Celtics, etc.) but I always make sure to manipulate the logo using wrinkles in the uniform, only half the helmet showing…you get the idea. So the full, original logo is never directly used. I would just like some clarification on the uses of logos in artwork.
Asked on July 18, 2014 under Business Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Unfortunately, if the logo is at all recognizable, you have probably violated trademark and possibly also copyright.
Trademark: the purpose of a logo is to identify the source; therefore, if it is identifiable, even if only partial, almost by definition that is to use (and therefore in this context violate) the trademark.
Copyright: only the copyright holder has the right to adapt, modify, or create derivative works from the copyrighted material; and a truncated,cut off, etc. logo would be an adaptation of it.
Logos would often be subject to both trademark and copyright.
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