another legal question...

[Leia]

OK, so a parent of a kid in a band that played here at Kilby Court the other night came down to my studio yesterday to see if he could buy a bunch of magnets from me.
(For those of you that don't know, I make miniature versions of my posters and mount them on blocks of wood and put a magnet on the back).

Anyway, as the guy was looking through the stacks, he was asking me all these questions that got me wondering like, "Do you give a portion of the profits to the band you are advertising?" Or "Do you have to ask them permission to put their name on something you are selling outside of advertising their event?"

I make practically nothing on these magnets, but it got me wondering if I really could be sued by a band since it is a new/different product being sold (besides a poster advertisment with their trademarked name on it)....

Any thoughts?

[MaximumFluoride]

Personaly, I would not sell anything with a bands name on it that was not a commisioned poster.

Like, would you make shirts of your posters and sell those?

[kozik]

before they could sue..

they would ask you to cease and desist. if you do they cannot do much else.

also..they would only really sue if you had money or something.

I wouldnt worry about it.

[Michael M. Motorcycle]

It would be alright, however, to do the magnets, or tshirts without the band names on them. I believe just as collectable too. I think people are buying your work, Leia, because it is your work, and not because of the band names anyway.

[piemel]

Leia, unless you have some written contract that you can sell derivative work (assuming you have legal fiat to do the posters in the first place) I doubt this is 100% legal....

[modrocket10]

Hey Leia....can I buy some magnets before you get sued. Just kidding....but I really do want some magnets!

[Leia]

That's what I thought Rene, but yeah, it seems like no one really cares unless you start making money at it. Most of the band magnets I have are from bands that have played their show at Kilby Court. I always give the band as many as they want, and they know that I sell them there at the venue.
At the level the bands are that play here, they are appreciative of any effort to show off their name, but once they reach "rock star" status I can see how it would change.

I have begun to make a shift to more "fine art" magnets and prints anyway (which is why I haven't had many posters to submit lately also).

And yes, EMAIL me if you want some of these, ok!

[Brendan Jordan]

Just don't set up a web site for the magnets. Keep it quiet, keep it a cottage industry and stop making them if it makes you feel too uncomfortable.

[MaximumFluoride]

I think that if a new or unknown person posted something like this people would overwhelmingly say not to do it.

[Michael M. Motorcycle]

I always give the band as many as they want, and they know that I sell them there at the venue.

I believe that this does make it somewhat better.
I think you are right though Fisher, if this was a new person, we would probably tear them a new asshole.