Re: legal question - legality of using a photo of a city street sign
I'm not a lawyer, but if YOU took the photo or YOU drew the picture, I THINK there wouldn't be any problem. Other peoples photos and drawings are subject to copyright laws.
Good luck,
Ken
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Re: legal question - legality of using a photo of a city street sign
I've been wondering about this, too, oddly enough.
What I have pieced together (not legal advice) is that it depends on the sign. My guess is that 99+% of street signs would fall into the following category of works that can not be protected by copyright:
"Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)" [From Copyright Office Basics]
However, it is possible that a city could trademark a sign. But, I have not been able to find an example of this. The two that I thought might be -- "Welcome to Fabulous Las Vegas" and "Bourbon Street" (both have distinctive designs and do not look like typical street signs) -- are not trademarked and are in the public domain.
If you have any doubt, though, you could contact the city and see what they say. If they say it's OK, get it in writing. Or you could hire a lawyer.
In my case, I'm confident enough that there is no problem that I am just going to proceed.
Re: legal question - legality of using a photo of a city street sign
It's public property. You're part of the public, so it's your property. Make sure there are no people or privately owned properties in your photo and you need not worry. If there are, then you should seek signed releases to use them.
In any case, you should seek advice from a lawyer before doing things you are legally unsure of.
Re: legal question - legality of using a photo of a city street sign
Quote:
Originally Posted by gothicaleigh
It's public property. You're part of the public, so it's your property.
Just because it's public property doesn't mean it's public domain. The "I Love NY" logo is owned by the state of New York. It is trademarked. Not only do they sue people for using it, they sue people for using similar logos, like "I Love Puppies" or whatever. There's a thread about it here somewhere.
Re: legal question - legality of using a photo of a city street sign
I have a design which I use with other people's biz name. Most would see this as free publicity. Most owners have welcomed my design and made a purchase. My next venture will include pictures and I figure if there is no artwork on the bldgs. and only the company's name, it should be no problem. When I first started the design, I did show it to an atty who just happens to be no. 1 here in Cali for trademark issues.. her response was that what I have designed would be "fightable" meaning the person wanting to sue me might be wasting their time. If someone perferred not to be on my tshirt, I would more than happy to remove their company. But who runs away from free publicity.
It really alarms me so many people on this board gives advice for something they have not had any experience with. I read a lot, but it doesn't mean I HAVE TO respond to every post. I seek answers from those that have an answer, not someone just responding and not even sure what they are suggesting is correct...................... very scary! I think if we were attys, we would be practicing law, not printing tshirts. I am sure I will receive non-sense responses.
Quote:
Originally Posted by brickyardd
Hey
Does anyone know the legality of using a photo of a city street sign on your shirt and/or a drawing of that sign.
Re: legal question - legality of using a photo of a city street sign
Quote:
I have a design which I use with other people's biz name. Most would see this as free publicity.
Maybe some would, but it's hard to say that "most" companies would see you profiting off of their business name as free publicity.
Many companies see that as trademark infringement and will sue.
Quote:
When I first started the design, I did show it to an atty who just happens to be no. 1 here in Cali for trademark issues.. her response was that what I have designed would be "fightable" meaning the person wanting to sue me might be wasting their time.
Not to say you are lying, but when it comes to legal advice, saying that you talked to an unnamed attorney who you say is the number one attorney in California makes it hard to give the statement much weight.
Quote:
If someone perferred not to be on my tshirt, I would more than happy to remove their company. But who runs away from free publicity.
There are lots of companies who don't see using their company name on a t-shirt to make money as "free publicity".
If you try putting nike on a t-shirt and call it free publicity, I'm sure a lawsuit would be likely.
Quote:
It really alarms me so many people on this board gives advice for something they have not had any experience with.
A forum is full of opinions. If someone wanted hard facts on legal advice, they should always go straight to a lawyer. Not rely on someone who said they talked to a lawyer.
Re: legal question - legality of using a photo of a city street sign
Quote:
Originally Posted by Ujudgnme2
But who runs away from free publicity.
Anyone who wants to keep their trademark. Trademark holders are obliged to take all reasonable measures to protect their mark. If they do not, they risk losing it. Surely your lawyer told you this?!?
Re: legal question - legality of using a photo of a city street sign
Quote:
Originally Posted by ronr76
Signs are signs. A stop sign in LA is a stop sign in NYC.
How can anyone tell them apart?
How many "Main" Street signs are there in America? I'm guessing thousands.
How can one city claim sole ownership?
What makes you think he's talking about a stop sign or a main street sign?
I had actually considered using a reproduction of two local. One says "Austin City Limits" the other says, "Welcome to Austin, Texas, Live Music Capital of the World." Turns out those are both trademarks and both enforced vigorously. Yet they are on city street signs.
There's an underpass here that has a series of standard blank blue streets signs lining it, each placed at such an angle as to produce something of an optical illusion. It's a work of art commissioned by the city. It's called "Blue Panels on Lamar Underpass." As such, it is covered by copyright, even though it's just a punch of standard blank street signs. Most people don't even realize that it is supposed to be art.
These are examples that happen to be within a couple of miles of my house.
Re: legal question - legality of using a photo of a city street sign
Quote:
Originally Posted by AustinJeff
What makes you think he's talking about a stop sign or a main street sign?
Well, he should be more specific.. How do you know he is not?
Quote:
Originally Posted by AustinJeff
I had actually considered using a reproduction of two local. One says "Austin City Limits" the other says, "Welcome to Austin, Texas, Live Music Capital of the World." Turns out those are both trademarks and both enforced vigorously. Yet they are on city street signs.
I did a search in TESS for both sign marks and it came up empty. However, the Austin City LImits music festival did return as being a live trademark.
Re: legal question - legality of using a photo of a city street sign
Im referring to street signs (names) . I wanted to use certain street signs on my shirts. Where Im from, people really take pride in the area they are from. I just wanted to capitalize on that.
Re: legal question - legality of using a photo of a city street sign
Quote:
Originally Posted by ronr76
Is this thread a joke?
Signs are signs. A stop sign in LA is a stop sign in NYC.
How can anyone tell them apart?
How many "Main" Street signs are there in America? I'm guessing thousands.
How can one city claim sole ownership?
The purpose of the shirts is to represent where your from, not hide it. If someone had on my shirt i want everyone not just the person who bought it but those who are looking as well to recognize the neighborhood. But i appreciate everyone's suggestions and advice.
Re: legal question - legality of using a photo of a city street sign
Quote:
Originally Posted by brickyardd
The purpose of the shirts is to represent where your from, not hide it. If someone had on my shirt i want everyone not just the person who bought it but those who are looking as well to recognize the neighborhood. But i appreciate everyone's suggestions and advice.
I think you'd be fine. Join the local Chamber of Commerce, give a few away and say you're suppoorting local commerce and tourism... they'll love ya.
Only exception would be designs of signs associated with city festivals and other local events. Beyond that, good luck.
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legal question - legality of using a photo of a city street sign 
