I am an artist. If I include a logo for a copyrighted brand (like Coca-cola) in a painting can I be sued?

Question

I know copyright law is a big grey area, but I remember reading somewhere that after Warhol did his Campbell soup cans, Campbells actually tried to sue but dropped the lawsuit after all the publicity they got from his work. So because of it I read that if trademarks are used in artwork for art's sake then it's Ok. Now is this true?

Answer 1

Actually he won that case.... The court supported his artistic creativeness…..

I really wouldn’t worry too much about copyright or trademark infringement. The courts are so liberal now that even music artists are stealing whole songs and recreating them without paying. Even when sued they win because of the “artistic change”.

Just think of one thing when you paint or create art. It is up to the artist to portray a good painting. All in life should never be placed on the canvas. It is up to you if something fits or doesn’t fit. If it fits, leave it in, if it doesn’t take it out.

If you feel something will get you a lawsuit just decide if you have enough money to fight it. If you do then take your case to the media and become even more popular..

Answer 2

There is a strong element of truth there. If your artwork is a scene in a restaurant, a family kitchen, or even a landscape, you can use a coke can as a prop. A Mercedes logo if it is in proper perspective, as long as the product and logo are part of the whole then there is nothing a company can do. If your art work is sold in poster form having a pepsi drink invovled then it is considered part of your art work, not an infringement of the company logo. If you are using the company's logo as your own marketing ploy for commercial gains then you are out of the grey area and into the courtrooms.
But a scene in a restaurant? Even a savant idiot can see that coke sells pop in restaurants. So does Maxwell Coffee. If the company logo is part of the public domain then the company can not expect an artist to redesign a coke can for their insecurities.
Concerning Campbells soups.... some years ago the Canadian Prime Minister's surname was Campbell, and in her first days of campaining for the P.C. leadership some of her volunteers used the Campbell soup can logo for their buttons and posters. The company representative did file a cease and desist order, and Ms. Campbells supporters complied. Apparently every time there is an election with someone named Campbell the Soup company sends out a rep to see if they are useing the Company's logo. If they are then the order to cease and desist is given to the candidate, and rightly so, it is an infringement on the company's logo.

Answer 3

It's not so much copyright law as trademark law, but yes, you are allowed to use, up to a point, if for purposes of parody, certain marks, but it all really depends on what you're doing with it. If just for decoration, you could be asked to take it down or get sued.

Disney has been known to make even small child care businesses remove wall murals of pooh and tigger and mickey.

Unlike patents, under trademark law if a company doesn't protect its usage, it can lose the right to the trademark, so they have to zealosly protect it.

So if you're talking about a mural of Disney characters, it won't fly. If you're doing a framed painting that you can claim an unusual artistic value from, you might be able to get away with it.

Answer 4

Coca-Cola is a registered trademark of the Coca-Cola Company. Any use of the company's trademark must received prior written approval from the company. You should contact the Coca-Cola Company in writing - their address is The Coca-Cola Company, P.O. Box 1734, Atlanta, Georgia 30301. (See additional legalese from Coca-Cola's website cited in the source below)

The Coca-Cola Company has commissioned several artists over the years to produce artwork for advertising and other branding purposes. The list includes: Haddon Sundblom, Norman Rockwell, N.C. Wyeth.

The Coca-Cola Company also has a licensing program. Jim Harrison, an artist based in Denmark, South Carolina, has been a licensee with Coca-Cola since 1995. You can see the calendars and other artwork that featured Coca-Cola logo on his website (cited below) and you can purchase them from bookstores as well as amazon.com

If you create an artwork strictly for personal enjoyment and not for commercial or for-profit purposes, then the Coca-Cola Company will probably be okay with that, but you should contact the company to be sure.

Answer 5

It's not copyright laws that you would have to be concerned with but trademark infringement laws.

And artists, from fine artists to editorial cartoonists and comics and humorists, are allowed a certain amount of leeway when the trademark is used as part of a social or political creative commit. Mad Magazine has been parodying commercial products for years and getting away with it.

My guess would be that, as long as you don't try to mass produce your art, as long as it is a singular social statement, you're okay.

Look at this painting I recently finished:

http://pics.livejournal.com/unmired/pic/00048aht/g41

I've got images or icons of Mickey Mouse, the Playboy Bunny, Alfred E. Neuman, the KKK, Shell, Mobil and Phillips 66 oil companies, MGs, Jackson Pollock and Picasso all on the canvas. Will I be sued? I doubt it.

Answer 6

Yes, you can be sued and no...it is not covered by law. Campbell's just did not wan the bad press.

The registered trade mark of a company is just that. Registered for their use only.

There are fair use laws, but they typically do not apply to trade marks, but only to written copyrighted material, where a certain percentage of the work can be included, but only to make a point clear, always being careful to site the source.