Helgard opened this issue on Dec 01, 2004 ยท 73 posts
ynsaen posted Wed, 01 December 2004 at 11:31 PM
Well, although it's uninvited, and I seem to be pissing folks off when I try to help of late, here's something to add: Regarding #7, you have to be exceedingly careful with recently built buildings and boat hulls. Both of these items were recently added to US copyright law (and, by treaty, to all WIPO and Berne convention countries, as well). This is, however, copyright. Also, as noted, several buildings with unique and distinctive appearances (notably, them really tall ones) have trademarks on their likeness. I'd also like to say that #6 was really well done. 5 does, to a certain extent, have the weakness in that some political figures are using privacy laws to block use of, um, unflattering imagery. It's still uncommon, but is a growing trend. 3 is good. The only caveat I'll add, based on experience alone, is do not use any trademarked or copyright images in the textures. IE, make your own. Also, in the specific example (which is a good one!), tread carefully -- CCC has some pretty potent trademarks on them and they do get trigger happy even on fan art. err, that is, don't mess with the coca-cola company. Call 'em first (they is nice people on the phone). in number one, don't rely entirely on the dictionary to make that estimation for you. Dictionaries are often sued for trademark issues -- because they aren't perfect. Don't forget that if you have a question about a trademark, you can actually look it up most of the time and all it costs is a couple minutes online. The us Patent and Trademark office maintains TESS, whcih is a great resource. IT's not perfect (only about a third of the image based trademarks are there, and likeness' are tough to find in it), but for words and such it's got every single one. yes, it's free -- to anyone, in or out of the US. Also, tread carefully with the Superman one insofar as comics book type stuff goes. Go more towards the Nietzche variant that a comic book one for safety, and, do not put him in an outfit that uses the same primary colors. There were three cases involving similar characters in costuming and strength, and DC won every time. (Except one of the fawcett ones, but then they ended up owning fawcett anyway, so they got shazam :() Also, don't confuse trademark and copyright. It is easy to do at times, but it will always get you in trouble if you do. Great advice.
thou and I, my friend, can, in the most flunkey world, make, each of us, one non-flunkey, one hero, if we like: that will be two heroes to begin with. (Carlyle)