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

[Fred F]

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?

 

[Sarah J]

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:

• Appropriation Art (e.g. using a photograph of Obama in a painting pop-art titled "Hope" is currently in litigation for copyright infringement)
• Incidental use of artistic works in broadcast (e.g. using the pizza hut logo in an advertisement without pizza hut's consent)

If you want more information, you can lodge an enquiry with the Arts Law Centre of Australia.

 

[ronnygage]

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