Q: Are posting your artworks with big brand logos on it copyright infringement?
I see “wall paper artworks” with big brands such as Gucci, Chanel and LV logo on it and they are made by small businesses/artists and those artworks are openly sold online. I was wondering isn’t that copyright infringement? How are they not getting sued by big companies?
I made an artwork with brand logos on it for my friends wall art. She wants a digital file to post it on social media and I’m worried that it’s against the copyright law. The artwork has my signature on it so that would make it as I’m promoting myself.
Should I be worried about it or it’s not a big deal? I would like to avoid getting into trouble.
A:
You're straddling both copyright and trademark law. Trademark law covers brands, and is designed to protect against consumer confusion, "passing off," and association with a business. Here, you have a relatively low risk of infringing on the trademarks/brands of these companies because I doubt there would be any true consumer belief you'd be affiliated with these brands. However, typically luxury brands are still quite aggressive in asserting their rights even if they may have a marginal case. So please tread with caution. To be totally safe, I would recommend a disclaimer alongside any re-posting of this artwork that mentions these brands.
Copyright law is intended to protect artistic expressions (generally less commercial in nature) that don't serve as "source identifiers" to the "source" of the goods. This is a gray area and sometimes one expression can be covered by both areas of the law. It sounds as though the risk (if any at all) here would lean more into the trademark realm, unless you are using 1:1 direct copies of artwork, characters, photos, or the like.
To give a more fulsome answer, I would need to take a look at exactly what you're trying to accomplish, but hopefully this gives you a decent start in the right direction.
DISCLAIMER:
Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
