4sh its and giggles

[Supah]

It sure is in dutch ;-) I know a guy over at Military-meshes.com who got a court order for selling art of lockheed martin aircraft in their company paintscheme. Let's just say he quit selling the pretty quick :P Remember Oleg's Grumman trouble? I wouldn't take the risks

[wh1skea]

Well, then we should all forget about doing any McDonnell-Douglas profiles....seeing that Boeing owns those rights too.

[Supah]

Apparently it depends on a lot of factors and even if they do give you trouble you arent necesarrily breaking any laws. Besides european copyrights laws differ from the US ones

[gamary]

I just don't understand why any company would really want to do that. It could even be considered as free advertising to draw an aircraft and show the logo!?

Surely there is a good reason, but somebody should point it out to me as I haven't figured it out yet. Me draw. Me no think.

[AGNT_Matt]

yup you're advertising them is how i see it too, and if it gets them business and an interest shown by the taxpayers why should they complain and throw their toys out the pram?

[Vacajun]

GM,

This is a very difficult situation in the States. Some very well-known professional U.S. profile artists have been served notice by company marketing demons.

Some very long threads are out there discussing this terrible practice, which impacts model makers, artists, and photographers.

I'm not aware of any legal relief (pending Congressional bills of reform, etc.) in sight.

Take a look at

Artist's Rights - Military-Meshes.com

for a typical discussion. Bet you won't be able to keep your temper under control!!

[Supah]

What I understand of this is this: If you hold copyright to a name or product you HAVE to defend it if you are aware of a possible infringement, if you don't then that somehow voids your rights to the copyright item. It's not JUST greed.

[anadc4]

Well, then we should all forget about doing any McDonnell-Douglas profiles....seeing that Boeing owns those rights too.

The Boeing website lists Douglas, McDonnell, McDonnell-Douglas and North American trademarks as off limits.

I suppose when it comes to profiles, Boeing may argue that it isn't really true art but graphic art. But even if it did prove that, it also has to prove commecial use - and that requires you to be offering the image for sale. So if you are concerned about Boeing and other manufacturers chasing you, by all means do your profiles, just don't sell them. And don't cut and paste.

Oh yes, Boeing's house colour schemes are trademarked, as is its font. A Boeing-style font is freely available on the internet, probably because it is free but more likely because it is very hard to prove a font is actually your font. And finally, there is nothing on the Boeing trademark site to say that the Boeing 747's shape is a registered Boeing trademark.

David - who will continue to use his version of a 1950s Douglas logo.

[wh1skea]

Here is what I got from the Boeing website:

Terms and Conditions of Personal, Non-Commercial Image Use

The images on these pages are provided subject to the following terms and conditions.

1. Boeing owns and retains the copyrights in the images except as noted. No copyright license (either express or implied) is granted to the user, other than the right to reproduce the images without alteration for non-commercial, personal use only.

2. BOEING, the Boeing signature (symbol with logotype), the distinctive 747 airplane profile, and the Boeing airplane livery; 707, 717, 727, 737, 747, 757, 767, 777, and 7E7; DC-8, DC-9, DC-10, MD-11, MD-80, MD-81, MD-82, MD-83, MD-88, MD-90, and SUPER 80; DREAMLINER, BOEING BUSINESS JETS and BBJ; APACHE, AH-64A, AH-64D, F-18, HORNET, and EAGLE; BOEING FRONTIERS, C-17 GLOBEMASTER III, NOTAR, DELTA IV, HAWKER de HAVILLAND, ALTEON and JEPPESEN are among the trademarks and/or service marks owned by Boeing, and no trademark license (either express or implied) is granted by Boeing. This list is not exhaustive. Boeing owns other marks that are not included here.

3. The images are provided to recipient as is. All implied warranties are hereby disclaimed, including, without limitation, the warranties of title, infringement, merchantability, and fitness for a particular purpose.


4. To the extent that images include any

1. trade name, trademark, or service mark owned by a third party, or

2. likeness of or reference to an individual, user is responsible for obtaining appropriate permissions and licenses from such third party or individual.

5. This Agreement

1. will be governed by the law of the State of Washington, exclusive of Washington's choice of law rules

2. constitutes the entire agreement between Boeing and user, and supersedes any and all other agreements, understandings, and communications between the them related to images and

3. may only be amended or otherwise modified by a written instrument executed by an authorized representative of Boeing.

[sparty72]

which means