ext_364546 ([identity profile] beastcub.livejournal.com) wrote in [community profile] artists_beware2016-01-19 02:40 am
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A question about a commissioned suit with iconic imagry

Would creating a fursuit for a customer with markings in tribute to David Bowie be of any legal concern? The most key marking would mimic the image below. The suit would also have red hair and rainbow stripes.

(a link in case the pic does not show up https://s-media-cache-ak0.pinimg.com/236x/d8/43/45/d84345c5ad39626539320264625cb410.jpg )
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[identity profile] greenreaper.livejournal.com 2016-01-20 04:42 pm (UTC)(link)
One thing I forgot was that the Berne Convention (https://en.wikipedia.org/wiki/Berne_Convention) didn't apply in the USA until March 1989 - they had the UCC instead (https://en.wikipedia.org/wiki/Universal_Copyright_Convention), which required registration and the use of ®. Aladdin Sane (https://en.wikipedia.org/wiki/Aladdin_Sane) was created in 1973, so any protection might differ significantly between the UK and the USA. (FWIW I didn't see the symbol in the UK TM DB, though again Ziggy Stardust is registered throughout the EU (https://oami.europa.eu/eSearch/#details/trademarks/000974352).)

The bolt has clearly been used by others (http://www.davidbowie.com/news/instances-aladdin-sane-lightning-bolt-increase-15521), probably not under license. I think at this point it's gone beyond acting as a trademark for the entertainment work of a particular person.