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question about LSU copyright stuff

Posted on 1/6/10 at 6:42 pm
Posted by OldIowaTiger
Baton Rouge
Member since Nov 2006
7313 posts
Posted on 1/6/10 at 6:42 pm
Anyone that might know...........I need advice.

My wife painted a Tiger eye for a friend exactly like the one on the field. A couple of people, in jealous envy, have wanted her to paint them one too and they have offered to pay.

That got us to thinking, if she wanted to sell them to random people (not just a couple of our friends) does that violate any copyright sanction stuff? It's not like the eye on the field has the copyright symbol on it but from working a little with LSU I know they are sticklers about their colors and logos and whatnot (like using the tower in an image for example).

Any advice/thoughts/comments/suggestions/ideas?
Posted by Hermit Crab
Under the Sea
Member since Nov 2008
7304 posts
Posted on 1/6/10 at 6:46 pm to
ask the tigerdistrict guy. he will know, but he probably doesn't get on here too much
Posted by ForeLSU
The Corner of Sanity and Madness
Member since Sep 2003
41525 posts
Posted on 1/6/10 at 6:46 pm to
quote:

Any advice/thoughts/comments/suggestions/ideas?


2 Thoughts...

- first, go for it until they tell you to stop, it's likely that it isn't trademarked, although you technically don't have to use the "TM" or "R" symbol to indicate such. Sometimes sales increase when one party starts raising hell about you stealing their material.

- second, post pics of wife
This post was edited on 1/6/10 at 6:47 pm
Posted by Froggy
Frog Capital of the World
Member since Dec 2009
129 posts
Posted on 1/6/10 at 6:58 pm to
can u post a pic of the item? I may be interested in one
Posted by nugget
Abrego Garcia Fan
Member since Dec 2009
15306 posts
Posted on 1/6/10 at 7:02 pm to
quote:

can u post a pic of the item? I may be interested in one

+1
Posted by ultratiger89
Houston, Tx
Member since Aug 2007
3332 posts
Posted on 1/6/10 at 7:07 pm to
email LSU and ask, couldn't hurt, but making money on something someone else created might be an issue, copyright labeled or not.
Posted by arrakis
Member since Nov 2008
21168 posts
Posted on 1/6/10 at 7:10 pm to
quote:

email LSU and ask, couldn't hurt, but making money on something someone else created might be an issue, copyright labeled or not.



Sometimes it's easier to ask for forgiveness than get permission.
Posted by As RXd
Member since Aug 2009
6011 posts
Posted on 1/6/10 at 7:12 pm to
quote:

That got us to thinking, if she wanted to sell them to random people (not just a couple of our friends) does that violate any copyright sanction stuff? It's not like the eye on the field has the copyright symbol on it but from working a little with LSU I know they are sticklers about their colors and logos and whatnot (like using the tower in an image for example).


Yes. Contact the LSU department in charge of that. I know they have an office for this. LINK

The question is, how many is she planning on selling? The "eye" is trademarked. I can guarantee it. Is it worth contacting them about?

And FWIW, it would be a trademark issue, not a copyright issue. But both are intellectual property.


Oh, and here ya go

quote:

We are interested in becoming licensed. What are the costs ( cost ) of becoming licensed? CLC has prepared an extensive overview document that details all aspects of the licensing application process for colleges and universities in the CLC Consortium, including a summary of an applicant's anticipated first-year costs. Prospective college/university licensees are strongly encouraged to complete the Contact Form located under the Licensing Info -> Application Process link from www.clc.com, which will allow you to download comprehensive licensing application information. This document, combined with this FAQ section and CLC's FAQ section, should answer most of the questions that you may have about the licensing process. Additional questions can be directed via email to applications@clc.com.
This post was edited on 1/6/10 at 7:23 pm
Posted by As RXd
Member since Aug 2009
6011 posts
Posted on 1/6/10 at 7:17 pm to
Oh, notice the "TM" logo in the bottom right


Posted by LSUSUPERSTAR
TX
Member since Jan 2005
16679 posts
Posted on 1/6/10 at 7:25 pm to
Just have her do it in trade for something else.
Posted by As RXd
Member since Aug 2009
6011 posts
Posted on 1/6/10 at 7:27 pm to
quote:

Just have her do it in trade for something else.


It doesn't work like that.
Posted by sml71
Run if you hear banjos.
Member since Dec 2005
4338 posts
Posted on 1/6/10 at 7:29 pm to
You're probably looking at a trademark issue more than an issue of copyright (although I wouldn't exclude a copyright action by LSU as well as a trademark action).

I did a basic USPTO search and didn't see it registered. However, given that trademarks don't technically have to be registered (although it is a prerequisite to enforcement in federal court), and given the strength of the mark as used in commerce at this point, I wouldn't try it without a license from the university.

Since the picture above shows a "TM" next to the logo, they are claiming it as a tradmark. However, the lack of an encircled "R" (kind of like a (R)) suggests that my search may have actually been correct (I thought I was overlooking it). Ordinarily, one would denote a registered mark with the (R) symbol, rather than the "TM" as shown above.
This post was edited on 1/6/10 at 7:32 pm
Posted by OldIowaTiger
Baton Rouge
Member since Nov 2006
7313 posts
Posted on 1/6/10 at 7:50 pm to
Can she change the picture somehow? How much would you have to change it not to be the same logo? Can she alter colors or make small adjustments just to stay away from the original "trademark?"

She's working on a picture. One sec.
Posted by As RXd
Member since Aug 2009
6011 posts
Posted on 1/6/10 at 8:00 pm to
let me see a pic

No, you can't just change the colors. You are infringing on LSU's design. It's their property. She would have to create her own design.

At least, that is your legal answer
This post was edited on 1/6/10 at 8:04 pm
Posted by OldIowaTiger
Baton Rouge
Member since Nov 2006
7313 posts
Posted on 1/6/10 at 8:06 pm to
Image removed.

This post was edited on 1/7/10 at 7:19 am
Posted by Shoulderchoke
Swamps of Lafourche
Member since Aug 2008
7906 posts
Posted on 1/6/10 at 8:08 pm to
The image must be altered by 20%. Thats what was explained to me from a few screen printers. Not sure how accurate that is.
Posted by OldIowaTiger
Baton Rouge
Member since Nov 2006
7313 posts
Posted on 1/6/10 at 8:34 pm to
Bueller?
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 1/6/10 at 8:37 pm to
You're going to have to give LSU their cut on that if you sell them.
Posted by OldIowaTiger
Baton Rouge
Member since Nov 2006
7313 posts
Posted on 1/6/10 at 8:39 pm to
That's what we were afraid of. Others' thoughts?
Posted by Sheep
Neither here nor there
Member since Jun 2007
19691 posts
Posted on 1/6/10 at 8:44 pm to
quote:

Others' thoughts?


If you made one of these, and accidentally left it at my house, I would just mail you a check so you could replace it instead of me bringing it back to you.
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