Legal Question in Intellectual Property in Texas

Using Trademark or Copyright material in art.

I am a fine artist who is planning to use

trademarked and copyrighted material in my art.

These images are of State Univeristies in texas.

The consisted of logos, slogans, titles and other

images. Do I need to get permission to use these

images if they are used only as part of my over all

theme or to help convey an idea? If my drawings

become popular I would like to sell them as

prints. Does this pose additional problems?


Asked on 7/06/01, 4:48 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Re: Using Trademark or Copyright material in art.

Actually, you are probably okay, so long as you use multiple logos, slogans, titles etc from more than one university on the same drawing. The more different ones the more clear you are. The question from a trademark standpoint is whether your drawings will be likely to be confused as being sponsored by a university. So, using more than one makes it less likely that any one university can claim likelihood of confusion as to their sponsorship. Three or more and you are probably relatively safe on the trademark issue.

The copyright issue is another matter, but if you are using publicly viewable images, such as the UT tower or the entrance pillars at Baylor, etc. your use is probably not a copyright infringement sufficient they can or would make a claim.

If your drawings are just one university's images, then I think you have both a trademark and copyright infringement problem and have a university that might think it worthwhile to object. That would be even more true if you sold such a drawing to that University's customers.

Use common sense on this and you will probably come to the right conclusion.

I would suggest you file for copyright registration on your drawings and perhaps even adopt a trademark that is distinct from any of the university's trademarks.

Good Luck.

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Answered on 7/06/01, 10:12 pm


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