The inside track...
I believe I have the inside track on this guys...I think I understood it correctly so I'll try to relay the information to you as I understood it!
I watched a TV special about a year ago on ESPN2. It was regarding an Artist! Tiger Woods opened a lawsuit against this artist for capturing images of him and reselling them for profit! The image was of Tiger at the Masters. Initially the "Masters" was also going to pursue this man however, Tiger lost the lawsuit and the Masters failed to proceed with any sorts of prosecution.
The verdict was that the man was an Artist. He has a constitutional right as an artsist earn a living. He was protected by his constitutional right to earn a living to capture an image and recreate/duplicate that image and sell it for profit. Images only! Not logos or brands!
Here is another tricky part. Team logos are not the same as the NFL logo. The NFL logo is copyrighted and is affiliated with National Football League. Now the football teams are copyrighted as well but only when they are attached to the name of the team. What I am saying is that you can have a Philadelphia Eagles team painted up exactly like the NFL Eagles and call them the Booklyn Eagles and you will be fine. That's why it is ok for highschools, colleges, and semi pro teams to use the logos of NFL franchises.
As artists you have this right to display your items. However, You may not sell NFL licensed products without a license including the New York Giants but you may bring the "Martin Luther King Ave Giants". Lol.
Players are not protected under this law. That's why Tiger lost the lawsuit. You may capture the image of a Randy Moss and re-sell it without any penalties but do not attached the logo of the NFL on to it. He can be in uniform as well when you re-create it but don't plaster Minnesota Vikings all over it!
It becomes a moral and ethics issue at this stage. How do you feel about selling non authentic product to the public. There are loop holes to the rule.
I'm no lawyer either and please do the research for yourself. This post is only my interpretation of the TV special that I watched on this artist. You should be very careful and mindful of how you conduct your business in the eyes of the law!
|