I know you have been with the forum that you will hear people tell you to ask an attorney. When dealing with this type of subject I definitely would. Without having any legal education or myself I would think using even a likeness of Gene or a character of his would get you in trouble if the proper steps haven't been taken to produce the product.
Fan Art... what can i incorporate into design?
ok this might be unrelated to computer graphic design but i know there are a lot of smart people here that know about copyright stuff so...........
comic con is coming to NY in october and i have a couple of friends who own a shop. they've seen some of the statues i have done with custom ideas and would like me to do a couple of different things to display/sell at the show.
i am looking to do a gene simmons 'god of thunder' diorama which features his kiss figure in battle.
i know if this is fan art i can pretty much alter the image how i want or downright do a spot on portrait but when it comes to using the name KISS will i run into problems?
thanks in advance!
-tim.
comic con is coming to NY in october and i have a couple of friends who own a shop. they've seen some of the statues i have done with custom ideas and would like me to do a couple of different things to display/sell at the show.
i am looking to do a gene simmons 'god of thunder' diorama which features his kiss figure in battle.
i know if this is fan art i can pretty much alter the image how i want or downright do a spot on portrait but when it comes to using the name KISS will i run into problems?
thanks in advance!
-tim.
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an interesting question and i agree it would be best to consult an attorney. the main point i think is that these items are all one offs, correct? if they are not production pieces, i think it may fall under 'art piece' category or something... really, i have no clue but i find this topic interesting. wondering if the convention has something to say about it also.
yes. they are made with a wire armature, paper mache and hand painted.
custom made one-of-a-kind. not to be redone or mass produced.
i know when you paint a celebrity it's fine. you can even put their name on the piece. i guess i would just not put the brank KISS on it.
unfortunately consulting with an attorney would probably cost more than profit i would try to make selling the piece.
custom made one-of-a-kind. not to be redone or mass produced.
i know when you paint a celebrity it's fine. you can even put their name on the piece. i guess i would just not put the brank KISS on it.
unfortunately consulting with an attorney would probably cost more than profit i would try to make selling the piece.
you might get an attorney to simply answer the question on the phone rather than charging a fee. I've seen tons of sports "crafts" which have major team names and logos with no issues. That being said, I think if it's a single piece, you'd be fine. Worst case you'd receive a cease and desist letter after the item was sold/displayed.
here's a real question what's the difference between an artist doing something like this and someone doing a hand sculpture in the same type of light:
[media]http://s8.postimg.org/k4qepnapx/gene_simmons_3.jpg[/media]
[media]http://s8.postimg.org/k4qepnapx/gene_simmons_3.jpg[/media]
Often times, those crafts are made with licensed materials. So it's legal because the licensing fees are paid at the manufacturer level instead of the craft level. And if the artist purchases the materials at retail, they are protected by the first sale doctrine to do what they want with it.I've seen tons of sports "crafts" which have major team names and logos with no issues.
I'm referring to the hand painted or wood cut logos and emblems. as for the drawing compared to sculpture, my answer is skill.Often times, those crafts are made with licensed materials. So it's legal because the licensing fees are paid at the manufacturer level instead of the craft level. And if the artist purchases the materials at retail, they are protected by the first sale doctrine to do what they want with it.
i was hoping that you would respond as i've seen you post many times on the subject of copyright.Often times, those crafts are made with licensed materials. So it's legal because the licensing fees are paid at the manufacturer level instead of the craft level. And if the artist purchases the materials at retail, they are protected by the first sale doctrine to do what they want with it.
i know there are lines of licensed statues (heck kiss does everything from keychains to toothpaste) but this would be my artistic take on a fantasy scene. it would be like if i were to make a statue of a let's say a ford mustang. it wouldn't be like a model out of some box, it would be my personal version of it. i would still need to seek an agreement to do so from ford?
do artist's that do caricatures of celebs need to ask for the same?
i see in illustrator design annuals where artists do renditions of celebrities all the time. i thought an artistic vision of something was just that.
As I understand it, original works of art (paintings, drawings, sculptures, etc) are protected under freedom of expression laws - even when the work is being sold for profit.i know there are lines of licensed statues (heck kiss does everything from keychains to toothpaste) but this would be my artistic take on a fantasy scene. it would be like if i were to make a statue of a let's say a ford mustang. it wouldn't be like a model out of some box, it would be my personal version of it. i would still need to seek an agreement to do so from ford?
Where the lines get crossed is in the reproduction and distribution of the work. So when the art is reproduced as a t-shirt or poster, it ceases to be an original work of art and becomes merchandise - which is governed under the Lanham Act, not expression laws.
IP owners and celebrities always have the right to take action, so it's a good idea to understand which side of the line you are on. While all citizens are granted the same rights, I always imagine it to be easier for a professional artist to defend their work in court because they rely on their art for financial support. So the spirit of the law is on their side. In your case, even as a non-professional artist, doing a one-off piece of art for display at a show should be ok.
If you are concerned about the specific use of the Kiss logo, maybe avoid using it. Or maybe buy a sticker or other licensed Kiss merchandise and cut out the logo and apply it to your work. But without seeing your final work, I don't really any issues at all. You could always label your work as "original art, not intended for sale."
Not for their original drawings. But if they wanted to reproduce the work as t-shirts, posters, framed prints, etc, then they would require license or permission.do artist's that do caricatures of celebs need to ask for the same?
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