Is it legal to paint a trademarkedcopyrighted/patented product as art and sell it?
August 5, 2004 9:47 PM   Subscribe

Is it legal for an artist to paint/draw a product (ex: iPod) as part of an artwork and sell it? Are there laws/precedents regarding this? Thanks.
posted by azul to Law & Government (11 answers total)
 
Go for it. Heck, just glue one to a gallery wall.
posted by Hypharse at 10:00 PM on August 5, 2004


Supplemental question: Is it legal to release a photograph into the public domain if it contains one or more trademarked images/company logos/product images/etc.? What about if it was taken in a public place, like Tokyo or Times Square?
posted by Danelope at 10:17 PM on August 5, 2004


According to a thread I read on WetCanvas.com the other day, sure. If you're not commercializing it, ie. it's a one-off commission. No-one's going to be upset if Fluffies is holding her toybone; they will be upset if the toybone is "Warhol'd" like a soupcan.
posted by five fresh fish at 10:32 PM on August 5, 2004


Hmmm. Your followup makes it sound like it skirts the commercialization angle. But if you're not profiting, is it commercial?
posted by five fresh fish at 10:33 PM on August 5, 2004


Unless your making more than ten thousand dollars off said works, don't sweat it.
posted by Keyser Soze at 1:53 AM on August 6, 2004


you're
posted by Keyser Soze at 1:53 AM on August 6, 2004


There just was a big case concerning Barbie dolls in (art) photographs. Google for it, because i think it was a very broad ruling, and there'll be links to other cases that were referenced. It was ruled legal. The worst that can happen is that the manufacturer gets upset, but the law'll be on your side.
posted by amberglow at 5:22 AM on August 6, 2004


Thanks for your insights, everyone. Will make art now.
posted by azul at 9:30 AM on August 6, 2004


In light of Andy Warhol's Cambells soup cans, it would seem legally fine.
posted by rhapsodie at 9:39 AM on August 6, 2004


Where did I just read about a guy who painted the google home page, 15 feet high, and ended up selling it to google for a huge sum?
posted by crunchland at 10:32 AM on August 6, 2004


The art of Chris Woods.

I'd say you're in the clear.
posted by neckro23 at 2:04 PM on August 6, 2004


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