Australia's #1 for Law

Join 11,000+ Australians. Ask a question, respond to a question and better understand the law today!

Dismiss Notice
Hi Guest, Want peace of mind with personalised and confidential legal advice today? Visit LawTap to find the right Australian lawyer and book online instantly.

QLD Copyright or Trademark Issues - Sell Drawing of Trademarked Product?

Discussion in 'Intellectual Property Law Forum' started by Fred F, 7 May 2015.

  1. Fred F

    Fred F Member

    Joined:
    7 May 2015
    Messages:
    1
    Likes Received:
    0
    If I was to draw two realist style colour drawings of Coca-cola cans, one an intact can, one a half crushed can. Further, if these were done as exercises in drawing from life (an actual coke can) and were not intended to be disparaging in any way. If I then wanted to publicly display them (at a small art show) and sell them would I be infringing any copyright or trademark?

    If I was infringing intellectual property law, would it just be a technical thing not actually worth worrying about because the real life consequences would be so small and unlikely to be exercised, or are any possible consequences actually worth pause?
     
  2. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    247
    Hi Fred F,

    There would be no infringement of trademark since you will not be associating your art with the drinks of coca-cola in their industry (e.g. passing off your goods as their goods).

    There may be an infringement of copyright, in that you used their logo (artistic work) without their consent or attribution.

    You can take a read of some the following:
    If you want more information, you can lodge an enquiry with the Arts Law Centre of Australia.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. ronnygage

    ronnygage Member

    Joined:
    12 March 2015
    Messages:
    2
    Likes Received:
    0
    Most people who read this page for the first time are looking to find whether they need a release for:

    1. A photo of a building or a work of art, like a statue or monument
    2. A photo that shows a product logo
    3. Beingonsomeone's land (such as a farm, or inside someone's house)
    4. A photoofsomeone's land or property
     
Loading...

Share This Page

Loading...
gt;