Q: I want to create and sell an illustrated map of various places - what am I allowed to include on the map?
I'm an artist/illustrator and want to create a series of maps - not actual maps someone would use for directions, but an art print they would hang on a wall showing things the city or state is famous for.
What standard would I use to decide what I am allowed to include on the map?
For example, could I include the following:
1. The NAME of a private business (not their logo, just their name). For example, I might draw a picture of a burger in NYC (my own art) and label it SHAKE SHACK on the map.
2. The NAME of a public landmark or building. For example, I might draw a picture of the statue of liberty and label it STATUTE OF LIBERTY on the map.
3. The NAME of a sports team. For example, I might draw a football and label it NY GIANTS on the map.
4. The COLOR of a sports team WITHOUT any name. For example, a purple football on a map of NYC (for NYU).
5. The NAME of a private college (i.e., Columbia).
6. The NAME of a school mascot (i.e., Go Bobcats!).
A: Because it is public information you can probably use all of it, you can definitely use all of it if you are not selling the map or distributing it, and likely even if you are. I would check with each organization or rather have your attorney check, If you were going to paint them in some sort of negative light, but otherwise you are likely good to go because they cannot complain about positive solicited if you were going to paint them in some sort of negative light, but otherwise you are likely good to go because they cannot complain about positive publicity for free. I’ve seen a number of these things and represented several artist in such matters… I have never had a business have a problem with this so you should be OK. Regardless, I offer a free consult over the phone at 914-912-1555. Best. Aubrey
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