
05-31-2008, 07:58 PM
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Join Date: Aug 2006
Location: Dexter, Michigan USA
Posts: 2,364
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Unofficial Cartoon Thread of Chicago Convention / Copyright
Quote:
Originally Posted by rogerspeed
Pat, Fom experience and from the evidence you have presented, I come to a different conclusion; companies are risk adverse and wish to avoid any possibility of litagation. You may remember the cartonist R.Crumb who created the famous "keep on trucking" cartoon, he didn't apply for a copyright and when he sued others for using the image and slogan he created, he lost. I strongly advise Jerry to copyright his work. Now laws may have changed and artist rights have been strengthened but personal use of non-copyrighted images (even copyrighted) not for financial gain/profit should be protected by the first admendment (fair use/free speech), but most businesses aren't worried about the rights of citizens, they are worried about the costs of litigation.
PS - can't resist, in addition to driving a Cosmo, Kramer watches Versus
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Put in those terms, I do agree that businesses wish to limit risk and litigation and with the proviso that certain intellectual/artistic rights have been strengthened. I know that you can get around copyright in certain instances with the face-to-face teaching provisions, but I don't believe you can under fair use/free speech in this case. I'm taking someone's art and putting it on a shirt I intend to wear. I guess, it could be considered free advertising, but I don't think copyright would look at it that way. Fair use, as it pertains to copyright, is usually used in the terms of right to excerpt small passages or quote material without seeking legal relief or copyright release for a larger portion.
I've sent Jerry an e-mail explaining the situation.
__________________
Cheryl
(Not an authority nor SME
on anything, just PATSYF)
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