Poster Design Legal Question

[car-crash-creative]

I am looking to get into the poster design business, and have a question that you may be able to help out with. I am curious if the designers need to contact the musical artists or venues for permission before creating a poster. Are there any legal issues involved that I may not be aware of? Please advise. Thanks.

[kozik]

yes..thats the only decent route.

[maynard]

Go through the forums... this subject has been discussed a number of times. The consensus is that, yes, you need to get permission from either the promoter or band management. The major difference in opinion is what constitutes "permission"...

... mmmmm... ham, bacon and turkey with avocado and pepperjack cheese for lunch... god I love pork...

[Jag]

Frank speaks the truth. Maynard does too – there’ve been a number of previous discussions about permission, and copyright, and trademark law, and the right of publicity.

See “Copyright Questions” thread in the Posters forum 4/12/02 – http://gigposters.com/phpBB/viewtopi...amp;highlight=

“Fair use v. ???” thread in the Posters forum 6/15/02 – http://gigposters.com/phpBB/viewtopi...c&start=25

Also much discussion in the recent “Pirating” thread. And Dave Gink and others weigh in with some related thoughts in the “Negativity” thread.

As for getting permission from the band or venue before creating a poster – that is definitely advisable. As Dave mentions in the Negativity thread, the band would have trademark rights in its name (and logo). The venue would also have trademark rights in the name of the venue. Generally, if what you are doing creates “a likelihood of confusion” in the mind of the public you may be vulnerable to a claim of trademark infringement and unfair competition. So, of course, as Dave suggests, you aren’t allowed to pass yourself off as the Rolling Stones. But even if no one is going to confuse you with the band (‘cause you’re a poster artist), you can get in trouble if there’s a likelihood the public will be confused about whether your poster is authorized or endorsed by the band, or the venue – confusion about whether there is some affiliation between your poster (and you) and the band, or venue. And if a trademark is famous you can get into trouble even if there is no likelihood of confusion – if your use of the trademark dilutes (“blurs” or “tarnishes”) the trademark – lessens it’s distinctive value in the marketplace.

Keep in mind, that if a trademark owner comes after you because you’ve used his trademark without permission it may not necessarily mean he’s a dick. Trademark owners are required to enforce their rights – if they don’t, they lose them.

Aside from the trademark issue, use of the name or image of a celebrity can get you into trouble in another way. Many states recognize the right of publicity – it gives celebrities the exclusive right to control the commercial use of their name and image – often even after they are dead (of course, at that point it’s their estate that makes the decisions). And you’re not off the hook even if you portray them in a good light or a flattering way. It’s a question of control. And money sometimes. Not how good (or bad) you make might them look.

This isn’t intended as legal advice – just a bit of information. And it’s certainly not meant to discourage anyone from creating posters. Just make sure you have permission for what you do, and for what you use. If you ever have a specific legal issue or concern, you should talk to an attorney. In some cities there are organizations that can refer you to lawyers willing to consult with artists or musicians at reduced rates. See those links above for a little more on trademark and right of publicity, and some discussion of copyright (BTW, using a photograph on the poster can raise copyright questions – the photographer usually owns the copyright. And obviously, in most cases, if you use art created by someone else you have copyright problems). Also check out www.nolo.com -- very helpful site (general trademark and copyright info, and see “Ask Auntie Nolo”).

[El Negro Magnifico!]

God bless you, Jag!
And many, many thanks to Clay for creating this site so that folks from all over can share info. Don't mean to get schmaltzy n' all that, but it's true. Don't you agree?

[Mr Frumpy]

uh huh.

[DaveGink]

Hey Jag! Glad to see you on here again!!! It's been a while.