Legal Question in Intellectual Property in California

Hello:

I am an artist. I paint on canvas shoes - therefore making them designer footware. Must I get permission to paint:

Cartoon Characters

Caricatures of actual film stars - my own interpretation

Thank you,

Laurie De Seguirant


Asked on 5/19/10, 3:25 pm

2 Answers from Attorneys

Richard Jefferson M.E.T.A.L. LAW GROUP, LLP

Laurie,

Yes, if you are using anything within your designs that is owned by someone else (i.e., cartoons, trademarks, celebrities) you will need to clear the use.

Richard

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Answered on 5/24/10, 3:48 pm
Kevin B. Murphy Franchise Foundations, APC

Most attorneys will say if you are displaying intellectual property that is copyrighted by someone else, like cartoons, etc., you need to have permission from the owner. There are various exceptions (like fair use is copyright, etc.) that need to be considered. Contact an attorney who specializes in this area of law for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 5/25/10, 6:34 am


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