Wednesday, August 27, 2008

Silly Hypothetical Quandry

I was off-handedly thinking about copyright issues lately, and there's something I'm wondering. I'm going to give a silly example so you know it's hypothetical.

Let's pretend I'm a painter by trade. One day, I set up and paint a still life. In this still life, I included Mr. Potato Head™. I finish the painting and put it up for sale. Could Hasbro™ come along and sue me? And if they did, would I be in the wrong?

What do you think? Should one avoid painting a nostalgiac scene of beloved childhood memories because something they loved back then is still trademarked today?


Krud said...

Well, I don't think what's-his-face got sued for painting Campbell's Soup cans. Andy Warhol, that was it. He got away with it. I think there's a loophole with art. Just like you can take a picture of something containing Coke memorabilia and Coca-Cola can't come along and sue you.

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