Members br1an Posted October 27, 2009 Members Share Posted October 27, 2009 my band is thinking about making a new shirt design that would involve using our states college football team mascot, but we dont know if this would cause any copyright problems or something of the sort. it might be altered slightly but it will def look like the mascot. we are not a big band by any means (yet ;P) and have seen other more known bands use the same sort of logos. just wondering if there could be any legal backlash, cuz we cant afford to get sued haha! Link to comment Share on other sites More sharing options...
Members slight-return Posted October 27, 2009 Members Share Posted October 27, 2009 just wondering if there could be any legal backlash, yes Link to comment Share on other sites More sharing options...
Members br1an Posted October 28, 2009 Author Members Share Posted October 28, 2009 ha but do you think anyone would care? its not bashing our state or anything, so it would probably go under the radar for the most part. Link to comment Share on other sites More sharing options...
Members BlueStrat Posted October 28, 2009 Members Share Posted October 28, 2009 ha but do you think anyone would care? its not bashing our state or anything, so it would probably go under the radar for the most part. The NCAA is VERY protective of their logos, team names, etc etc. And if you think your T-shirts would fly under the radar, what's the point in making them? Aren't they to help you get better known? Link to comment Share on other sites More sharing options...
Members br1an Posted October 28, 2009 Author Members Share Posted October 28, 2009 they would prob fly under the radar of people who actually really care about college sports. my band is hardcore metal, so theres not alot of fratboys or superfans that come to our shows. and like i said, its positive, everyone would llove it haha Link to comment Share on other sites More sharing options...
Members drunkinminer Posted October 28, 2009 Members Share Posted October 28, 2009 It seems like you already have your mind up on useing it as part of your logo so I say go for it. But when the NCAA comes knocking be sure to drop back so we can all tell you those 3 little words people hate to hear. And if I'm wrong I'll be surprised. Link to comment Share on other sites More sharing options...
Members slight-return Posted October 28, 2009 Members Share Posted October 28, 2009 and like i said, its positive, everyone would llove it haha I mean the deal "everyone would love it'" -- gives it some value don' it The issue isn't so much it being derogatory, but licensing is a pretty big biz (esp as I assume we are talking a powerhouse like the Huskers) as blue was pointing out hey, it's a question of risk, how comfortable you feel painting a target on your back...maybe they won't notice, maybe they will (FWIW - I've seen 2 person operations making craft-fair soaps get on the radar) 7-come-11 Link to comment Share on other sites More sharing options...
Members slight-return Posted October 28, 2009 Members Share Posted October 28, 2009 a new shirt design ... my band is hardcore metal, so theres not alot of fratboys or superfans that come to our shows Oh, on a slightly different note quick thing to think abt as you assess risks - you mentioned putting it on shirts...those are PORTABLE, they are going places OUTSIDE your shows(like, oh, maybe campus) Link to comment Share on other sites More sharing options...
Members br1an Posted October 28, 2009 Author Members Share Posted October 28, 2009 It seems like you already have your mind up on useing it as part of your logo so I say go for it. But when the NCAA comes knocking be sure to drop back so we can all tell you those 3 little words people hate to hear. And if I'm wrong I'll be surprised. ha we dont have our minds made up, just a random idea we had, i drew up some ideas and it looked sweet, but of course, i thought of the legality of it, and asked youz guyz. and i know... our shirts would hopefully go all over to campuses nationwide and i know that an arguement of "everybody loves them" isnt too strong. but how do bands do it then? i.e. im listening to a plea for purging on myspace right now and i saw a nike/jordan parody shirt. slightly altered, but its nike. they do lots of shirts that are parodies of things. so how would you go about getting permission/rights? Link to comment Share on other sites More sharing options...
Members slight-return Posted October 28, 2009 Members Share Posted October 28, 2009 and i know that an arguement of "everybody loves them" isnt too strong. It's not that it isn't too strong, it's that it isn't an argument at all - I mean it speaks to one big reason WHY the IP owner would want protection -- there is value in it( I could print up a bunch of huskers caps, and people would want them more than plain caps)In that way, it's kind of an argument AGAINST doing it (ie the IP has recognizable commercial value) they do lots of shirts that are parodies of things Here's the thing Parody is a protected (now this expression gets misused a lot) fair use BUT BUT BUT (do not underestimate this part) keep in mind that fair use is an affirmative defense (that means that the act itself was against a law, but there was a legally justifiable reason -- self-defense is a good example) now the thing about that is the burden shifts to the defendant (the defendant basically admits to the act, but then has to affirmatively show there was a defensible reason) and there, often, isn't a brightline (something you can say "oh definitely this or that")...just saying "oh, but it's parody" ain't enough (2 live crew went through his..all the way to SCOTUS)For instance, parody IS protected, but satire is not -- and the lines can get very murky. "The wind done gone" was tied up in litigation for years in that sort of thing. How band A or Band B "did it" - well, it could be they just didn't get dinged for it, but they still may be subject to action ( I mean, chances are you know guys who speed or do a number of activities that they may or may not get nailed for ) It's really about risk -- risk in getting noticed, risk in having someone with an IP claim getting on your back about it, risk in lodging an affirmative defense. when you start getting into these areas it's very rarely "have at!!" -- it's more "how comfortable are you wiht how big a target on your back?" some guys just may go "screw it GD&R" -- your chance, your choice 7 come 11 Link to comment Share on other sites More sharing options...
Members lonotes Posted October 31, 2009 Members Share Posted October 31, 2009 (FWIW - I've seen 2 person operations making craft-fair soaps get on the radar)7-come-11 As someone who works in fairs and street festivals, I can attest to this. I personally know two people that are facing five felony charges each (manufacturing counterfiet goods) for making leather belts with Ford and Chevy logos on them. I also watched the local police confiscate thousands of dollars worth of unlicensed Ohio State merchandise, and all of the cash that a vendor had at a street festival this summer. On the other hand, I think it's nearly a daily occurrence that I see an obvious trade logo that has been altered to present a Christian theme. Link to comment Share on other sites More sharing options...
Moderators daddymack Posted October 31, 2009 Moderators Share Posted October 31, 2009 On the other hand, I think it's nearly a daily occurrence that I see an obvious trade logo that has been altered to present a Christian theme. Yes, but that must be okay...it is god's will... Okay, to the OP: You said yourself you can't afford to get sued....then don't do it. Period. Can you 'afford it' if someone with legal authority shows up and confiscates all your shirts, hand cuffs you and takes you to jail? Link to comment Share on other sites More sharing options...
Members lonotes Posted October 31, 2009 Members Share Posted October 31, 2009 Yes, but that must be okay...it is god's will... I think it's more a case of what corporation or prosecutor wants to risk the pr nightmare of "oppressing" the flock. Link to comment Share on other sites More sharing options...
Moderators daddymack Posted October 31, 2009 Moderators Share Posted October 31, 2009 same thing Link to comment Share on other sites More sharing options...
Members scarecrowbob Posted November 1, 2009 Members Share Posted November 1, 2009 If you are creating original artwork that ties to a generic mascot, there isn't much that can be done; no one can really stop you from using a pirate a hornet, a brave, a raider, a saint, whatever. When you start using someone else's logo, you have some real problems, but if it is original artwork depicting a generic mascot that happens to be locally popular? What is the logo, Brian? Link to comment Share on other sites More sharing options...
Members slight-return Posted November 1, 2009 Members Share Posted November 1, 2009 One of the problems is we aren't just going to run into copyright, but trademark and, unfortunately, mascots aren't generic...that's what makes them mascots...they are associated with an organization. Since the OP wants to draw the association with use of the likeness (though altered...recognizable...if it's weren't I guess it would draw the association he wants to) "it might be altered slightly but it will def look like the mascot" we are looking at both trademark problems and copyright problems (preparation of a derivative work) Given his location, I ASSUME (and it's just my assumption) we are talking Huskers Link to comment Share on other sites More sharing options...
Members footmanjoe Posted November 1, 2009 Members Share Posted November 1, 2009 This is a really bad idea. why not just ask them for permission first? Link to comment Share on other sites More sharing options...
Members sabriel9v Posted November 2, 2009 Members Share Posted November 2, 2009 my band is thinking about making a new shirt design that would involve using our states college football team mascot, but we dont know if this would cause any copyright problems or something of the sort. it might be altered slightly but it will def look like the mascot. we are not a big band by any means (yet ;P) and have seen other more known bands use the same sort of logos. just wondering if there could be any legal backlash, cuz we cant afford to get sued haha! Yeah, they'll bust you. A couple of my friends used a weird bastardization of our college logo on some club t-shirts and they were definitely caught. Link to comment Share on other sites More sharing options...
Members pjrake Posted November 2, 2009 Members Share Posted November 2, 2009 we dont know if this would cause any copyright problems or something of the sort. it might be altered slightly but it will def look like the mascot. we are not a big band...just wondering if there could be any legal backlash, cuz we cant afford to get sued haha! i think it's pretty clear from all the responses what the answer is. i know you guys wanna be creative, but why not start with just a tshirt with your logo on it. if the logo is cool, people will buy it! and you don't have to worry about anybody suing you -PJ Link to comment Share on other sites More sharing options...
Members br1an Posted November 4, 2009 Author Members Share Posted November 4, 2009 ha u guys go all out when someone asks a simple question. dont get me wrong i appreciate your concern for me not to go to jail... but wow chill a little. haha i knew it wouldnt be so easy to do this idea, all because of the mascot. but it would be sweet! we might end up doing something like using a red N for the n in winds... cuz id like to see anyone try to sue us over a colored letter thats kind of generic... ha! take that! Link to comment Share on other sites More sharing options...
Members br1an Posted November 4, 2009 Author Members Share Posted November 4, 2009 This is a really bad idea. why not just ask them for permission first? im totally down for that... but i have no idea where to start finding the right person to ask for info... Link to comment Share on other sites More sharing options...
Members MrCompton Posted November 4, 2009 Members Share Posted November 4, 2009 I really don't like the way the words go on that shirt. But I like the band. Maybe you guys could come up to Michigan for a show or my band could come down. myspace.com/narkosysmetal Link to comment Share on other sites More sharing options...
Members slight-return Posted November 4, 2009 Members Share Posted November 4, 2009 ha u guys go all out when someone asks a simple question.dont get me wrong i appreciate your concern for me not to go to jail... I'd worry more abt civil infringment. but yeah - it is kind of a simple question, is there risk? - yeah now what makes it more complicated aren't the answers so much as it is it's not what you want you hear we might end up doing something like using a red N for the n in winds... cuz id like to see anyone try to sue us over a colored letter thats kind of generic... you could run into the same problem -- see the thing is you want to use it specifically b/c in context it's NOT generic, it's associated with a brand..the Huskers. like, you know - the Big Red N Link to comment Share on other sites More sharing options...
Members slight-return Posted November 4, 2009 Members Share Posted November 4, 2009 im totally down for that... but i have no idea where to start finding the right person to ask for info... c'mon dude - have you even really tried? Link to comment Share on other sites More sharing options...
Members slight-return Posted November 4, 2009 Members Share Posted November 4, 2009 Tell ya what - I'm going to get you push started in 30 seconds, using no special knowledge nor search tools ready... steady... Link to comment Share on other sites More sharing options...
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