Forum: Bryce


Subject: Copyright Question.

Analog-X64 opened this issue on Apr 07, 2007 · 29 posts


Death_at_Midnight posted Tue, 10 April 2007 at 6:04 PM

I think there might be something in terms of art that might give an artist the advantage to sell the work. However, it's probably a tricky thing. Those posters you saw, maybe they were cleared with the car company, maybe some where not and the artist is taking a gamble.

I like anime, big time anime fan. Sometimes I'll see a soda can design that looks like coke but spelled different.. "Cola" or "Koke". Same thing with McDonalds.. the M logo is sometimes a W. Same colors and the impression is to pass that it's McDonalds, but it's not. Here I guess the anime people want to avoid any legal issue. It probably could be argued that the animators are infringing upon the look/feel of a particular brand, but that would have to be proved if it came down to it. And unless someone wants to use the courts as a weapon (as some companies I know do to intimidate smaller companies) it probably won't get to court.

This is really interesting stuff. I am reminded of the many court cases like Apple vs Microsoft for the "look and feel" of Windows 3.0 GUI to the Mac's back in the early 90's. Same with Lotus vs IBM (I think) over the look and feel of a spreadsheet. The ruling for the Apple/Microsoft case was the judge saying "no one can copyright an idea" (something to do about icons in a GUI being representations of an idea.)

There's probably some leeway for an artist because it's not the car you are selling, certainly not an exact duplicate, but there is the look and feel. But how far can one take the "look and feel" concept? If you use a color called "Corvette Red" and use it in a scene... see where I'm going? How far is too far?

If you were to sketch a Viper on a napkin and sold the napkin, can you be sued for drawing the likeness of something?

This is a very interesting topic. Photographers with background objects.. cars on a highway... etc.. businesses in a street (store signs)... and they sell the photo.. not of any specific subject, but in general because it happens to have some brand or trademarked name in view that the camera just happened to pick up.

It's easy to say "don't make it exact" and "make it your own design" yet how not-exact or how much of your own design can you make it before it becomes too close to that car?

I would love to find out. Great topic!