Will my GN'R poster infringe copyright if printed?

[DuffRock]

I've created a gnr poster using my own photos and i just want to know if i can sell it or will selling it infringe copyright

ive been told if i remove the gnr logo on it then as the photos are my creative property i can sell it without infringing copyright laws, does anyone think merck would reply if i asked him directly? (i understand thats a long shot)

[Randy Jesus]

I've created a gnr poster using my own photos and i just want to know if i can sell it or will selling it infringe copyright

ive been told if i remove the gnr logo on it then as the photos are my creative property i can sell it without infringing copyright laws, does anyone think merck would reply if i asked him directly? (i understand thats a long shot)

here is a sized down version of my poster:



cheers

Yes it does... but if you use it as your personal art, it doesn't matter... Dont go selling it! because of the logo and the name!

[Edward Rose]

I've created a gnr poster using my own photos and i just want to know if i can sell it or will selling it infringe copyright

ive been told if i remove the gnr logo on it then as the photos are my creative property i can sell it without infringing copyright laws, does anyone think merck would reply if i asked him directly? (i understand thats a long shot)

here is a sized down version of my poster:



cheers

That depends on alot of things. Mainly you need permission from each person who took each picture. Also, if ANY of the pics were illegaly taken at a show, then that/those pics can't be used at all.

[SammyD1st]

No, it doesn't.

Without the logo, pictures taken by an individual are copyrighted and owned by that individual. So if you took the pictures then you're fine.

You might have a problem with what's called the "right of publicity" - which is the right of famous people, such as Axl, to control how their image is used to endorse products. However, since the poster doesn't really endorse a product that shouldn't be a problem


(Added bonus: I'm writing this while sitting in Copyright Class in law school.)


 - SammyD1st

[DuffRock]

I've created a gnr poster using my own photos and i just want to know if i can sell it or will selling it infringe copyright

ive been told if i remove the gnr logo on it then as the photos are my creative property i can sell it without infringing copyright laws, does anyone think merck would reply if i asked him directly? (i understand thats a long shot)

here is a sized down version of my poster:



cheers

That depends on alot of things. Mainly you need permission from each person who took each picture. Also, if ANY of the pics were illegaly taken at a show, then that/those pics can't be used at all.

i took each photo

its not illegal to take photos at a gig surely, it said on the back of the ticket that cameras were not allowed, but thats hardly a legal contract

[pasnow]

No, it doesn't.

Without the logo, pictures taken by an individual are copyrighted and owned by that individual. So if you took the pictures then you're fine.

You might have a problem with what's called the "right of publicity" - which is the right of famous people, such as Axl, to control how their image is used to endorse products. However, since the poster doesn't really endorse a product that shouldn't be a problem


(Added bonus: I'm writing this while sitting in Copyright Class in law school.)


 - SammyD1st

Well you better keep studying.  The fact that he's selling a product that uses someone else's name or likeness (Axl & the band) without their consent completely infringes on copyright laws.. Regardless of who took the picture. There are exceptions for news oriented material, but this would not qualify. I wouldn't bother writing Merck, they'd shoot the idea down in a heartbeat if they ever get to it.

[Edward Rose]

I've created a gnr poster using my own photos and i just want to know if i can sell it or will selling it infringe copyright

ive been told if i remove the gnr logo on it then as the photos are my creative property i can sell it without infringing copyright laws, does anyone think merck would reply if i asked him directly? (i understand thats a long shot)

here is a sized down version of my poster:



cheers

That depends on alot of things. Mainly you need permission from each person who took each picture. Also, if ANY of the pics were illegaly taken at a show, then that/those pics can't be used at all.

i took each photo

its not illegal to take photos at a gig surely, it said on the back of the ticket that cameras were not allowed, but thats hardly a legal contract

I'm just telling you what I learned from having a "Photo Pass" at MSG. One guy was there (with a Photo Pass) to take still pics of Ron, and was STRICTLY prohibited from taking pictures of other members of the band. In fact, Axl never even came to our (Ron's) side of the stage for "Welcome To The Jungle" just because I was filming and this other guy was taking stills of Ron. After Jungle, I stepped back for "It's So Easy" and Axl came to that side of the stage... which was when he grabbed the Brazil flag from a fan.

This is all fwiw, and no one will probably care unless you end up selling hundreds of posters every month.

[Bandita]

Use of likeness is right.  You can't sell this.  Unless you want to get sued.

[pasnow]

i took each photo

its not illegal to take photos at a gig surely, it said on the back of the ticket that cameras were not allowed, but thats hardly a legal contract

And oh yes it is.. Magazines most likely wouldn't want to buy your pictures, regardless what they are or how good, since you didn't have true permission. Therefore they use pictures taken by the 'professional' photographers who had prior clearance to take photographs.

[DuffRock]

No, it doesn't.

Without the logo, pictures taken by an individual are copyrighted and owned by that individual. So if you took the pictures then you're fine.

You might have a problem with what's called the "right of publicity" - which is the right of famous people, such as Axl, to control how their image is used to endorse products. However, since the poster doesn't really endorse a product that shouldn't be a problem


(Added bonus: I'm writing this while sitting in Copyright Class in law school.)


 - SammyD1st

Well you better keep studying.  The fact that he's selling a product that uses someone else's name or likeness (Axl & the band) without their consent completely infringes on copyright laws.. Regardless of who took the picture. There are exceptions for news oriented material, but this would not qualify. I wouldn't bother writing Merck, they'd shoot the idea down in a heartbeat if they ever get to it.

i spoke briefly to a lawyer i know and she said that i own the copyright to the photos, and so i can sell the poster.  Not sure whether its different between the UK and US, im in england btw, im guessing itd be governed by international copyright law but i dont really know

[Edward Rose]

i took each photo

its not illegal to take photos at a gig surely, it said on the back of the ticket that cameras were not allowed, but thats hardly a legal contract

And oh yes it is.. Magazines most likely wouldn't want to buy your pictures, regardless what they are or how good, since you didn't have true permission. Therefore they use pictures taken by the 'professional' photographers who had prior clearance to take photographs.

Also mags use pics taken while standing on public property with the person in view FROM that area/sky (helicopters too)

[Edward Rose]

i spoke briefly to a lawyer i know and she said that i own the copyright to the photos, and so i can sell the poster.  Not sure whether its different between the UK and US, im in england btw, im guessing itd be governed by international copyright law but i dont really know

But you probably didn't mention that it said "no cameras allowed" on your concert ticket. If it were that easy, don't you think we'd see a gazillion t-shirts, cofee mugs and posters on the net for sale everywhere?

[dallasgel]

Use of likeness is hardly a right. ?Why do you think Tabloids are still around.

[pasnow]

I'm just telling you what I learned from having a "Photo Pass" at MSG. One guy was there (with a Photo Pass) to take still pics of Ron, and was STRICTLY prohibited from taking pictures of other members of the band. In fact, Axl never even came to our (Ron's) side of the stage for "Welcome To The Jungle" just because I was filming and this other guy was taking stills of Ron. After Jungle, I stepped back for "It's So Easy" and Axl came to that side of the stage... which was when he grabbed the Brazil flag from a fan.

This is all fwiw, and no one will probably care unless you end up selling hundreds of posters every month.

That's interesting to know about Axl staying away from that side of the stage while photo's of Ron were being taken. I bet things like that are mentioned to bands beforehand.

Also, you're right about no one caring.. If you make the poster & sell a few to your friends, you're ok. ? Maybe just make it to prove to yourself you can do it. However, if you're on ebay selling 500/month, then yeah they'll probably shut you down.
 

[pasnow]

Use of likeness is hardly a right. ?Why do you think Tabloids are still around.

"News" exclusion..

[Bandita]

Not to mention you have the 2006 GNR logo on the poster which certainly you didn't make. 

[SammyD1st]

uses someone else's name or likeness (Axl & the band) without their consent completely infringes on copyright laws

No, that is (like I said) right of publicity.

Right of Publicity is governed by common law and state law (see http://en.wikipedia.org/wiki/Personality_rights) - copyright, however is governed by Federal Law under section 17 of the United States Code. Whether a product such as this poster would infringe Axl's Right of Publicity is debatable, however courts usually only apply this right when the celebrity's likeness is being used to seemably endorse another commercial product. Check out http://www.caslon.com.au/ipguide24.htm#Cases. However, since it is debatable Axl's lawyers would have a non-frivolous claim against you on that count.

Next, the restrictions on the ticket "no cameras allowed" is a legal contract. Terms printed on concert tickets, plane tickets, and resort cruise tickets are all legal contracts. They are, however, adhesion contracts (http://en.wikipedia.org/wiki/Standard_form_contract) so courts often do not enforce their terms, based on a balance of the equities, ie fundamental fairness.


 - SammyD1st

[dave-gnfnr2k]

How is it infriging on copyright laws? If  you take a legit poster and sell it on ebay its not illegal. So why would this be?

[dave-gnfnr2k]

i spoke briefly to a lawyer i know and she said that i own the copyright to the photos, and so i can sell the poster.? Not sure whether its different between the UK and US, im in england btw, im guessing itd be governed by international copyright law but i dont really know

But you probably didn't mention that it said "no cameras allowed" on your concert ticket. If it were that easy, don't you think we'd see a gazillion t-shirts, cofee mugs and posters on the net for sale everywhere?

I see tons of homeade gnr t shits for sale esp after the shows.

[Bandita]

Let me just remind you all of the leaflet that was passed out on the European Tour this year: