| |
[Removed lugnet.market.shopping from 'Newsgroups' header and added
lugnet.publish]
In lugnet.general, cmasi@cmasi.chem.tulane.edu (Christopher Masi) writes:
> > > Does this change if the shirts are being sold?
> >
> > Probably not, but if you're walking the line between acceptable use and
> > unacceptable use (again, you would have to consult an attorney or ask TLG
> > directly to find out what's acceptable), then selling them could draw more
> > attention.
>
> I have a feeling that whether you are leagally allowed to use the image or not
> the LEGO Group would ask you not to use it.
Not necessarily. I'm positive that it depends highly on the specific imagery
and usage. Suzanne and I had a meeting with a couple TLG attorneys in October
of '97 and one of the things we covered was fair use regarding TLG imagery.
It's a very gray area, but I don't think they would ever ask you not to
produce T-shirts containing a photo you have taken yourself of a model you
have designed yourself.
More specifically, one of the things we talked directly about was the grayness
(as in it being a "gray area") of using minifig torso imagery. If you take a
photo of a group of minifigs doing something together, then your use of the
imagery on the minifig torsos definitely falls within fair use and you own the
copyright on the original work (i.e., the photo) that you have created. If
you scan an image of an entire minifig, then that's a bit less clear (although
if you do it for purposes of good-faith commentary, then it counts in your
favor a bit more, though still not 100% clear). If you publish a super-close
up image of -just- the torso graphics, then you're probably not within fair
use and are in the area of clear infringement. A case in point on scanning
entire minifigs (or assembling new ones from portions): When we discussed
Suzanne's Minifig Generator <http://www.baseplate.com/toys/minifig/> they had
no problem with the usages. but asked that she acknowledge on the website that
the imagery was part of the LEGO Group's trademarked visual identity. So she
added the following notes to the bottom of the entry page:
"The Minifig Generator was created by Suzanne D. Rich © 1997.
LEGO® is a trademark of the LEGO Group of companies, which does not
sponsor, authorize or endorse this site. Images of LEGO® brand products
found here, although recorded by Suzanne D. Rich, still remain part of the
LEGO Group's trademarked visual identity. Suzanne D. Rich can not grant
permission for any such images to be downloaded or linked to. They may NOT
be republished without permission from the LEGO Group. Please help to keep
their trademarks strong. Read and heed the LEGO Group's Fair Play
document."
Note that this (approval from TLG to use the images in a specific way on a
specific web page) wouldn't automatically translate to permission to publish
those images on, say, a T-shirt.
I wouldn't put close-up scans of minifigs on a T-shirt and try to sell them
without permission from TLG (and I'd probably expect them to say no), but if I
took a photo of a scene I created which happened to have some minifigs in it,
then I wouldn't even ask TLG for permission since my understanding is that it
would clearly fall under fair use. Again, it's very gray, and if you photo
happened to look too much like something TLG produces (or might conceivably
produce) then it could be a problem.
--Todd
p.s. Disclaimer: I am not a lawyer and these comments are not a substitute
for qualified legal advice.
|
|
Message is in Reply To:
36 Messages in This Thread:
 
 
- Entire Thread on One Page:
- Nested:
All | Brief | Compact | Dots
Linear:
All | Brief | Compact
|
|
|
|
