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N Cal Attorney
N Cal Attorney, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 8134
Experience:  Since 1983
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I have original poster art by a well known artist that is signed.

Resolved Question:

I have original poster art by a well known artist that is signed. It is an unfinished work, the artist is deceased and I have the only version of it.

2 problems -

1) It also contains the name of a high profile association whose name is XXXXX XXXXX /copywritten trade mark.

2) All of the artist's other work IS copy-written and well documented.

This one has never been seen other than by the artist myself and the person who gave it to me.

Would I be able to register the work in my name or would I have to get clearance from
the artists' estate and the organization mentioned?
Submitted: 11 months ago.
Category: Intellectual Property Law
Expert:  N Cal Attorney replied 11 months ago.
You would need permission from the estate of the artist. The artist owned the copyright whether or not it was registered with the copyright office.

Whether or not you need permission from the owner of the trademark depends on how it was used in the artwork. A trademark can be parodied without permission, see
http://www.greenpeace.org/international/en/news/features/greenpeace-wins-against-oil-gi/

You can get a free consultation from some of the copyright lawyers listed by location here.

I urge you to have a local attorney look at the artwork and advise you.

I hope this information is helpful.
N Cal Attorney, Lawyer
Satisfied Customers: 8134
Experience: Since 1983
N Cal Attorney and other Intellectual Property Law Specialists are ready to help you
Expert:  N Cal Attorney replied 11 months ago.
Thank you for the Excellent rating, and thank you very much for the bonus!
Customer: replied 11 months ago.

Likewise - thank you for enlightening me and preventing me


from going down the wrong road.


 


 


 


 

Expert:  N Cal Attorney replied 11 months ago.

Thank you for using Just Answer!

 

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