talkmagic.co.uk

I have recently been asked to model for an art project involving magic. I have been thinking that seeing as the artist is going to video my hands performing, select still frames and then have those frames painted, would we need to get USPCC permission to use their imagery in the project?

We know they claim exclusive trade mark rights in their Ace of Spades, Joker etc as it explains on every box, but does that meant L&L have had to gain permission each time they have made a Bill Malone DVD?

Are they just a decent bunch and don't mind, or is it just something they have never noticed and I should beware being bitten?

Thoughts please gents and ladies.

I wouldn't worry about it.

I think the copyright thing they print on the box is just to cover themselves incase someone really crosses the line - I don't concentrate on it too hard when I thumb my box flap open.

Strictly, the copyright is for the cards as cards. No-one else can print the same designs on their own deck of cards.

They'd be very unlikely to be bothered about a painting including their design, unless the artwork was in some way defamatory. (Not sure how you could be defamatory to a deck of cards, come to think of it.)

no you shouldnt need written permission unless you are printing the cards, using them in advertising or copying any of the copyrighted items for a product of your own.

To clear a few things up - we are talking about a trademark, NOT a copyright. There is a distinct difference between the two. Also - the trademark is not limited to playing cards. The Ace of Spades, Joker, case and back design are registered trademarks, and as such cannot be reproduced in ANY format. So, for the sake of clarity - someone cannot take the Ace of Spades or Joker design, put it on a t-shirt and sell it.

I should also point out that I have been told in the past the USPCC is adamant about enforcing their trademarks.

However, there are some things that protect you. There are fair use laws in place that can protect you from any kind of infringement laws.

The sticky point comes if the items in question are used for profit. If used for profit, it can be seen as an infringement. In the case of a painting, I would think you could use it, but don't quote me on that. After all, the Campbell Soup Company DID sue Andy Warhol for infringement (though they later dropped the case).

If it's something you're worried about, couldn't you just have the artist alter the designs of the cards during the painting process?