Copyrights

[craigquik]

Just a question about logos - in college I was told by the tutor that you can trace over an image in Illustrator, and that isn't breaching copyright, since you created the final piece. But I've also read an article somewhere since, saying that this is not the case.

I was mainly wondering, is it forbidden by copyright laws to paint something like, say the Thundercats logo on a helmet or include it in a design?

[lolly]

If you wanted the thundercats logo on a poster on your door it's fine but you can't sell it to anybody else

[craigquik]

Ok cool. Well I'm basically looking at selling it - but only if someone wanted it specifically and asked me to put it on.

[rossable]

someone got sued once for selling a sculpture that replicated a photo they saw on a postcard. if you conscientiously know you are taking from a source then it is copyright violation. (it's a bit excessive but at least you keep yourself legal)

[craigquik]

Ok, so basically, if someone comes to me asking for a design that includes something copyrighted, I tell them I can't do it. Sorted. Cheers.:batman:

Edit: i just thought on something (this is for the scenario of painting mountainbike helmets by the way, but I suppose it could apply to any work you sell) - if I painted a helmet for myself, could I paint the logo on it? If so, what about giving it to someone as a gift?

Aaaand...what about painting the helmet manufacturers logo back onto the helmet, as some people want this and it's better than putting a sticker on..?

[rossable]

to truly be safe you should contact the companies that own the logo.

personally i don't see the harm in personal projects like that or for gifts to those you know. some people go so far as to justify payment for it by saying it's for the effort and time... not the actual design/logo.

regardless it's ethically toeing the line or putting one foot on it. if you're unsure contact the company directly about it.

[Cwilk]

craig....you cannot trace any piece of art that belongs to someone else and turn around and sell it. If a client insists that you use something that may be copyrighted, make the client sign a contract that says "The designer has no knowledge of this art being copyrighted or trademarked, but in the instance it is, they are not legally held liable for any suits arising from the use of a copyrighted or trademarked image." It's the same kind of contract that is signed at a print company or Kinko's and such. this keeps them from being liable for you infringing on someone else's work.

[Arkady]

The key words in the articles of the Berne convention are 'Reproduction by any means'

[Cwilk]

....and yes (what arkady said too.)

: )

[craigquik]

Cool - thanks for the help