Prancing horse copyright question | FerrariChat

Prancing horse copyright question

Discussion in 'Ferrari Discussion (not model specific)' started by Horsefly, Mar 16, 2006.

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  1. Horsefly

    Horsefly F1 Veteran

    May 14, 2002
    6,929
    If Joe duplicates prancing horse signs or patches or emblems or T-shirts without permission and sells them, he is violating a copyright. If Joe paints a picture of a Ferrari with a prancing horse emblem on the fender and sells copies of the picture, is he also violating a copyright? (either way, the prancing horse logo is being reproduced without permission, but in the picture, the logo is just a smaller, less signifigant part of the product.)
     
  2. opus10583

    opus10583 Formula 3

    Dec 3, 2003
    1,779
    Westchester, NY
    Full Name:
    Mark
     
  3. GCalo

    GCalo F1 Veteran

    Sep 15, 2004
    7,645
    Northern California
    Full Name:
    Greg Calo
    Horsefly,

    Yes to all!

    You not only violate copyrights you subject yourself to suits for "commercial appropriation". That is using someone else's recognized commercial standing for that of your own. It gets expensive.

    Example: a woman mystery writer named Alice Hitchcock used the pen name of "A. Hitchcock" and then used a version of Alfred Hitchcock's classic body side profile to promote her mystery book.

    Big mistake as the family of Alfred Hitchcock took her to task for considerable $. Basis of the suit was commercial appropriation.

    You can't use another's gain unless you want to pay for the pain!

    Stay away and don't think they won't know. It will find its way into view!
     
  4. TexasMike

    TexasMike F1 World Champ

    Feb 17, 2005
    10,482
    Austin, Texas
    Full Name:
    Michael C
    And what if I take a close-up shot of the emblem on a Ferrari and use it for a business card? It's my photograph, so is it fair game?
     
  5. BT

    BT F1 World Champ
    Lifetime Rossa

    Mar 21, 2005
    15,291
    FL / GA
    Full Name:
    Bill Tracy
    Probably not. You would clearly (IMO) be trying to skirt the law, and that is probably not allowed. If it incidental, then that is okay I think.
    BT
     
  6. TestShoot

    TestShoot F1 World Champ
    Silver Subscribed

    Sep 1, 2003
    12,256
    Beverly Hills
    Well, like Playboy, Ferrari's logo/trademark is certainly out all over the place on personal homepages, and in art. There is a degree to usage that helps 'keep the dream alive' or rather the mythology of the marque.

    That said, you try to sell anything using their logo, direct or indirect, they'll not appreciate it.

    I have this argument every 6 months or so with Playboy.
     
  7. GCalo

    GCalo F1 Veteran

    Sep 15, 2004
    7,645
    Northern California
    Full Name:
    Greg Calo
    Horsefly,

    Here's how to make this simple.

    Set aside weekly $500-$1,000 for your legal defense costs and add the same amount for a kitty for the damages you'll have to pay.

    Then it's a piece of cake! You'll have it all covered in no time and you won't have to worry about a thing!
     

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