I am an artist. If I include a logo for a copyrighted brand (like Coca-cola) in a painting can I be sued?
By Yahoo User • Category: Trademarks LawsuitI know copyright law is a big grey area, but I remember reading somewhere that after Warhol did his Campbell soup cans, Campbells actually tried to sue but dropped the lawsuit after all the publicity they got from his work. So because of it I read that if trademarks are used in artwork for art’s sake then it’s Ok. Now is this true?
It’s not so much copyright law — it’s a trademark law issue.And the fact that Campell dropped the suit doesn’t mean it is OK to use trademarks, just that it hasn’t been confirmed as being illegal.
No, it’s not ok because you need to get Coca-Cola’s permission and authority for you to use their logo. They will sue you because you diddn’t come up with the idea. It would seem like your trying to take credit for someone else’es work.
It’s a good question BUT I don’t think you have gotten the correct answer yet. If everyone, who included a logo in their art got sued for it then every artist in the world would be sued. Imagine every photo taken with a coke can or beer can or pepsi can in it? Every print with a person clothes in it that has a logo on them? The list goes on and on and on. I don’t know the true answer to your question BUT I would imagine it would have something to do with that logo being in the “public domain”. I think it’s ONLY breaking the copyright rule when YOU try to say that the logo was YOUR idea. And there maybe even something about having to have used it directly to make money. I hope a lawyer who knows the copyright laws sees the question however and give a definitive answer.
I agree completely with Coragryph. It’s quite likely trademark infringement, but let’s take it a step further. You’re not the first person who’s painted a trademarked object–either as a primary or secondary subject. It is publicity for them if the painting will be displayed (and not as issue if you keep it private, anyway). The company must have a consumer relations division. Try to get permission to paint it. I, even as a lawyer, would not go directly to the legal dept. Go to (call or write) the department who want to keep customers happy—ask for customer relations. Let them take it to legal or they may have a practice in place. Besides, you don’t get anything if you don’t ask for it.
Trademake infridgement. You need their permission. They are likely to give it, but you still need it before the fact.
Coca-Cola is a registered trademark of the Coca-Cola Company. Any use of the company’s trademark must received prior written approval from the company. You should contact the Coca-Cola Company in writing - their address is The Coca-Cola Company, P.O. Box 1734, Atlanta, Georgia 30301. (See additional legalese from Coca-Cola’s website cited in the source below)The Coca-Cola Company has commissioned several artists over the years to produce artwork for advertising and other branding purposes. The list includes: Haddon Sundblom, Norman Rockwell, N.C. Wyeth.The Coca-Cola Company also has a licensing program. Jim Harrison, an artist based in Denmark, South Carolina, has been a licensee with Coca-Cola since 1995. You can see the calendars and other artwork that featured Coca-Cola logo on his website (cited below) and you can purchase them from bookstores as well as amazon.comIf you create an artwork strictly for personal enjoyment and not for commercial or for-profit purposes, then the Coca-Cola Company will probably be okay with that, but you should contact the company to be sure.