Copyright infringement??

[klemgraphics]

I know this has been beat to death but here goes. I'm re-doing a sign for a small restaraunt/sports bar and they have always had and again want a stock car pic to be a part of their sign as it goes with their business name. They have been told in the past(by whom I don't know) that they cannot have a pic of any particular driver's car because of copyrights and such, in which I agree. The design that I did for this particular sign includes the use of a generic stock car clip art element which includes a number on the side of the car, the number and car is not the same nor does it look similar to any drivers number or car. They are worried that if we use the number they are going to get into trouble over it and this is where I disagree but maybe I am wrong. We can do the sign with or without the number on the side but it definitely looks more real with it on the side than without.

So am I right or wrong in saying this number is a non-issue?

Sorry for the long post!

 

[Fred Weiss]

If you're certain that no one uses the particular number than your use would be first and would supersede any later claim by someone in the future.

 

[threeputt]

If you're certain that no one uses the particular number than your use would be first and would supersede any later claim by someone in the future.

Gotta wonder about that one Fred. Are you saying that a generic piece of stock-car clip-art to which you add a number on the side might possibly infringe on someone who actually owns a stock car with that same number?

Assuming there is no identifying resemblance, I say that's nuts!

 

[vinylbarry]

Then wouldn't ever stock car racing on your local dirt or paved track be infringement?

 

[klemgraphics]

Then wouldn't ever stock car racing on your local dirt or paved track be infringement?

That's what I was thinking, I mean it's not like I am planning on putting a pic of Dale Jr.'s car on it or anything close to something like that.

 

[SignBurst PCs]

I think that the copyrights are very specific about the "stylized" numbers of each cars. The numbers are not owned by the drivers, or even the teams. At least in NASCAR, the numbers are owned by the sanctioning body and assigned to the team owners, but the stylization of the number may be copyrighted.

I don't think that you can copyright a number, but the stylized representation of that number can be copyrighted.

Please keep in mind, I am a computer builder, not a lawyer.

 

[CentralSigns]

Turn the number upside down. No cars out there do that or use numbers that way. if they do their upside down.

 

[SurfaceSigns]

I think there is WAY too much thinking going on. Unless you are using a copyrighted image of some Nascar car (which you don't seem to be), I think they are over reacting with the copyright concern.

That said, if they are concerned, and would feel better without the number on the car, well, it is their sign.

I can't tell you how thankful I am that we are not nearly as litigious here in Great White North as you seem to be in the US. Some of the threads and concerns about copyright seem to take things to an absolutely obscene level, such as worrying about the number on a stock clip art car.

You guys to the south need to relax, build an igloo, and have a (canadian) beer!

 

[G-Artist]

If you use generic clipart (which is licensed to you) and just use a nice typeface (of YOUR choosing)
for the number(s) you are free and clear. Don't sweat it.

That said, here **may** be some moron out there who will be looking for an easy paycheck
who will make some sort of noise. Do not be intimidated. Just document the steps and logic
you used in arriving at the final art. I use margin notes all the time. It helps down the
line if I have to figure out what an "art" piece is worth should the client wish to buy it outright.

 

[klemgraphics]

I think there is WAY too much thinking going on. Unless you are using a copyrighted image of some Nascar car (which you don't seem to be), I think they are over reacting with the copyright concern.

That said, if they are concerned, and would feel better without the number on the car, well, it is their sign.

I can't tell you how thankful I am that we are not nearly as litigious here in Great White North as you seem to be in the US. Some of the threads and concerns about copyright seem to take things to an absolutely obscene level, such as worrying about the number on a stock clip art car.

You guys to the south need to relax, build an igloo, and have a (canadian) beer!

Well said, this is my thinking totally, I really don't know who has my customer all worked up. If they hadn't been concerned I wouldn't have gave it a second thought. Just thought I should ask the wise veterans that are always so helpful at 101.