If I draw a picture of an commericial aircraft, and then sell prints of that picture, do I fall under copy right infringement?

Since the logo is on the tail.
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Answers (3)

Pamela Koslyn

Pamela Koslyn

Contributor Level 10
No, it's not trademark infringement (the airline's logo is a trademark) to include a trademark on a product in a photo. Search Avvo for similar questions, and see the WIPO article linked below.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
No. Copyright law protects films, movies, literary works, sculptures, paintings, photographs, drawings, music, music lyrics, choreography and many other things. It generally doesn't protect the underlying ideas, and it does not protect facts. For example, copyright law doesn't prevent you from expressing in your own drawing of what the commercial airliner looks like.

Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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Kevin Andrew Thompson

Kevin Andrew Thompson

Contributor Level 3
Forgive me for disagreeing with my colleagues who have already answered this question as "No." The correct answer is yes, it may be, but it depends. If a person viewing the picture you drew thought the owner of the commercial aircraft was affiliated with the artist, then yes there may be a problem.

From the article linked to by Ms. Koslyn: "What trademark law does forbid is using a trademark in a way that can cause confusion regarding the affiliation of the trademark owner to the image. If consumers are likely to mistakenly believe that a photograph was sponsored by the trademark owner, then there may be trademark infringement. Example: Printing a photograph containing the Nike trademark on sportswear could result in trademark infringement. In fact, by such use it would be assumed that you are trying to appropriate some of the goodwill associated with the Nike trademark. Consumers will presumably think that the fabrics are affiliated with the Nike trademark."

So, the correct answer is "Yes, maybe, but it depends."
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