Q: I want to know if my graphic infringes any copy right and or if it falls under parody law?
I have a client request a graphic consisting of 3 existing elements of other sports teams logos.
Is there a way for me to send you the image so you can take a quick look at it and give an opinion on if it is or isn't infringing?
1. New York Knicks logo but using different font and layout.
2. Villanova Wildcats letter V logo removing the light blue stripe inside the V.
3. Villanova Wildcats mascot logo, edited showing laughing with its tongue out.
My client does want to use this on T-shirts to sell for profit.
A:
When creating a graphic using elements from existing sports team logos, you need to be careful about copyright and trademark infringement. Using parts of the New York Knicks logo, the Villanova Wildcats letter V, and the Wildcats mascot, even with modifications, could still pose legal risks. These elements are likely protected by copyright and trademark laws, and using them without permission can lead to legal issues.
California law recognizes both copyright and trademark protections. Even if you alter the designs, the original elements are still recognizable, which could be considered infringement. Parody law provides some protection, but it is a narrow defense and typically applies to work that criticizes or comments on the original. Simply altering or combining logos for new commercial use does not usually qualify as parody.
To avoid potential legal problems, it is advisable to create an original design inspired by your ideas but not directly using or replicating the existing logos. This approach can help you stay within the bounds of the law and avoid infringing on the intellectual property rights of others.
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