Re: [rumori] copyright vs. trademark infringement


From: Steev Hise (steevATdetritus.net)
Date: Mon Sep 18 2000 - 18:43:41 PDT


Tue, 19 Sep 2000 found illegal art writing:

>Is the use of a company's logo trademark infringement as opposed to
>copyright infringement?
>
>If so... do the limitations on exclusive rights (for purposes such as
>criticism, comment, etc.) still apply?

i've been reading an excellent book that mostly deals with
that subject, actually, called "The cultural life of
intellectual properties", by Rosemary Coombe.

it's a big topic, but to be brief, there's no fair use
clause to trademark law, or to publicity rights (like when
a celebrity sues someone for doing something that refers to
them or their identity). trademark law is much more
draconian, though some mavericks (like the famous Judge
Kozinski) are interpreting it a little more fairly.

this difference has a lot to do with whhy Negativland
originally got into trouble with "U2". the cover of the
single looked like a U2 record, cuz it used iconography that
resembled the U2 "logo". and that's what originally drew
Island's ire.....

smh

Steev Hise, Technical Thug
steevATdetritus.net http://detritus.net/steev
-----------------------------------------------------------------
"The truth is that the world isn't going to end. It has ended."
            -Craig Dremann
-----------------------------------------------------------------

----------------------------------------------------
Rumori, the Detritus.net Discussion List
to unsubscribe, send mail to majordomoATdetritus.net
with "unsubscribe rumori" in the message body.
----------------------------------------------------
Rumori list archives & other information are at
http://detritus.net/contact/rumori
----------------------------------------------------



Home | Detrivores | Rhizome | Archive | Projects | Contact | Help | Text Index


[an error occurred while processing this directive] N© Detritus.net. Sharerights extended to all.