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How can I use copyright infringement and trademarked work?
Posts: 679
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Karma: 1,161
Yo so I am in charge of making a logo to paint on the gym wall of my school. I really like the MSU bear mascot, and would like to use it. I know nothing about copyright/trademark stuff so if you guys could direct me in how to do this without getting sued.
BTW, we will project it onto a wall, outline in pencil, and then paint over afterward. How much do I have to change it so it's not the same thing? Will the slight differences in how we paint it be enough to cover it if they somehow find out and decide to sue us (we are in NY and are a very tiny school so I doubt they will).
Also, does it matter that we aren't using it to make a profit and are technically a non-profit organization? Thanks guys! 10k+ for all who answer
Posts: 10056
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Karma: 25,313
Copyright law is complex but as far as I know, there's a misconception that noncommercial or nonprofit use is always acceptable. It isn't, nor dos this fall under fair use so they can send you cease & desist letters if they find out and if they want to.
Posts: 239
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Karma: 882
Not 100% sure how it works in the states, but in Canada what you are proposing would be in violation of their intellectual property rights
There is something about that logo that makes it unique - it's "essential character", in order to not violate that you would have to make some pretty substantial changes.
it also matters if the image is copyrighted or trademarked (or both)
copyright is life of the author plus an additional 70 years (im pretty sure anyway), and it is created as soon as the work is produced in some tangible fashion - this could eventually expire and pass into the public domain though
trademarking is done through an application process, and can be in effect forever provided that the owner continues to renew it. (considering its a school, this is the more likely case)
In each case the owner is the one that must enforce their intellectual property rights (in Canada anyway), and considering its a mascot for a school (and you are putting it in a school) they could go after you. It might be a simple cease and desist - or it could be a larger lawsuit for something different (you are pretending to be them and its hurting their reputation etc)lawyers are pretty crafty they will find something if it means making, or potentially making, their clients money, especially in the USA (you guys are pretty litigious). I personally wouldn't do it, or would change some pretty substantial characteristics so that the "essential character" of the design was different.
I'm not a lawyer so anything above is not actually legal advice, inform yourself accordingly and don't rely solely on it.
Posts: 735
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Karma: 2,112
Just email them and ask to use it and tell them your story . Most companies and brands will allow you for me (My grandparents did the same thing with baseball teams) As long as you aren't making money or branding it then you should be fine but you should clarify with them and save the email so if problems do arise, you can prove you were given the rights.
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