I am the president of my colleges young democrats club. we want to use a picture on our club t-shirts. It depicts a donkey and it says "democrats are sexy" however it was used as a joke piece on the "Daily Show" Our clubs advisor says that it may be copywrited and we would have to get permission to use it from comedy central, which would be tendious.
My question is does the use of this emblem/icon on our t-shirts fall in line with the "fair use" or satirical (parody)statutes?
It would only be worn by our group members on our campus, which only consists of about a couple dozen people, and not mass produced.
http://en.wikipedia.org/wiki/Fair_use
2006-09-19 17:30:42 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
First, you're confusing copyrights and trademarks. If the design on your shirt is the design created by the Daily Show (or anyone else), then the creator owns, by operation of law, a copyright in the writing, and possibly a trademark on the design. It would be prudent to seek the permission of the rights owner before use on a t-shirt.
By the way: It isn't fair use (not even close). And: one should NEVER use wikipedia as a source for legal information.
2006-09-20 01:08:06 · answer #1 · answered by Anonymous · 0⤊ 0⤋
the depiction is a government party and anything belonging to the government doesn't come under copywrite laws. its best to contact a entertainment lawyer. many jokes are used in satire all the time. unless they put a copywrite on it, anyone can use it. once anything is copywrited, it doesn't matter if one or a million use it. they can be sued. if you can prove that your idea was first, then you could sue on that part. the emblem is public domain as you see it in cartoons all the time making jokes of both parties. also anything that is copywrited or has a patient on it can be used as long as at least 20 percent of the idea is changed.
2006-09-20 00:40:02 · answer #2 · answered by hollywood71@verizon.net 5 · 0⤊ 0⤋
Yes, it was used for a joke, but the Daily Show owns that item as part of its show.
Getting something like that printed might be an issue as well. Whoever prints them can be fined $10,000 per item (12 t's = $120,000). It is hardly worth it. . .
Contact the Daily Show. Possibly informing them what your organization is and what you wish to do, and they may just let you use them. But better safe than sorry.
2006-09-20 00:41:47 · answer #3 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
1. Your adviser is right.
2. What does "tendious" mean?
2006-09-20 09:22:08 · answer #4 · answered by Anonymous · 0⤊ 0⤋