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  1. #11
    Join Date
    Nov 2009
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    western mass
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    202

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    im no lawyer but I would have thought the wallpaper without their logo would be fair game.

  2. #12
    Join Date
    Dec 2007
    Location
    Los Angeles
    Posts
    2,837

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    Quote Originally Posted by cayager View Post
    im no lawyer but I would have thought the wallpaper without their logo would be fair game.
    No- the wallpaper is a photograph, could be a drawing whatever..

    anything created is owned by the creator or the person who owns the copyright i.e. Miller since they probably paid the artist in a buyout- that means they own the image.

    In commercial art- photo or illustration- the artists can hold on to the ownership and the end user just pays for usage.

    X amount for x amount of usage. If you see a local ad then the $ isn't as much, if the image is national $$, worldwide $$$.

    Miller most likely has its own in house graphics department and all artwork created in that department by any artist/designer belongs to Miller.

    the United Staes Post office is in the middle of a lawsuit because the Statue of Liberty image on their stamp was created based off the one in Las Vegas and THAT statue likeness is owned by the Artist that created it.

    Miller is pretty cool with allowing their logo to be used BUT you have to read the guidelines because they still have strict guidelines for using the Logo.
    Placement, Type size colors etc etc. You just can't stick their logo on anything anyway you would like.

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  3. #13
    Join Date
    Dec 2007
    Location
    Los Angeles
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    Quote Originally Posted by mikeswelding View Post
    It's a minor distinction, but still one worth noting. The image most likely would not be covered by copyright law, but rather by trademark. The process for registering is different, as are the laws regarding usage. For example, some copyrighted material can be reproduced without permission (Doctrine of Fair Use) but the rules are very strict and can easily be misinterpreted. However, trademarks must have permission for reuse and that is very difficult to obtain.
    The image is Copyright
    The Miller logo in the image is Trademark
    Ed Conley
    http://www.screamingbroccoli.net/
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  4. #14
    Join Date
    Apr 2012
    Location
    Western Kentucky
    Posts
    118

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    Turned out to be an interesting thread. Thanks for your input Broccoli.

    I plan on working on a card design that is totally original so I don't touch any copyrights or trademarks. I fully understand why Miller wants to protect their name with their trademarks & copyrights.

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