Advise about copyrights

Hi,

I didn’t know where to post this, so… Here am I :evilgrin:

Well, I’m working on a Football Player to print it in 3D, and trying to sale it.
I don’t have the rights to use the NFL logos, so I made this one, is it far enough from the original?
Check the original Philadelphia Eagles logo on google…


If you are engaged in a commercial venture – as you are – then you need to engage a qualified attorney. You need to present your finished work to him or her and obtain a letter on their letterhead which states that, in their professional opinion, the work does not infringe. (Specifically listing some “potentially infringed works,” such as the Eagles logo you mentioned … showing that actual research was done.) The attorney should have an intellectual property (IP) practice.

Keep written records of all discussions and contacts – who talked to whom, exactly when, and a summary of what was said. Keep them forever.

This is what is known in legal circles as due diligence, and it will be your basis for an “innocent infringement” defense should it ever come to that. You will show the Honorable Court that you did “mind your P’s and Q’s,” and that you did anticipate that someone would challenge you and so you pro-actively sought expert counsel to avoid it. Maybe your attorney was dead-wrong, but a major factor in copyright cases is “lack of diligence” or “intent.” (“Either you didn’t look, or you didn’t care.”) The consequences can be murderous.

An attorney’s time might cost you a few hundred bucks, but it’s a deductible “business expense.” Could also be the smartest money you ever spent on this. People laugh at lawyers – until they need a counselor. “Ask someone who really, actually knows.”

Good counselors really are out there, and when you find a good one you’ll find yourself going back for their counsel again and again – and happily paying for it. These days, I would feel naked doing something like that until I “asked Tom.” He answers the phone, and starts the clock. He sends me a bill. I don’t mind. He’s a businessman, too. And what he says is priceless.

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It it too similar.

Not only that! You are using the same colours, you are using the same outer shape and the same shadow-colours.

And what is more… and more weighty: The Eagles Logo is the only one in the NFL that is pointed to the left !!! All others are center or right heading !! (The reason is, the initial upper case letter “E” of Eagles is showing as a structured shape in the right, back-head with the three feathers)

so there are 3 (three) heavily strong IP - issues, which would lead at once to the copyright-war at court and You are likely 99% at the loosing part at court.

So I strongly advise: “Don’t do it!” - at least not without asking for permission at the club authorities. But if you ask, be aware, that they will want to know exactly, into the deepest details, for what purpose the request is. And in case of selling your 3D-prints, well, maybe you get an official order from the fan-Marketing-department. But then you’re getting only a part of the revenew.

I actually thought it was the real birds logo at first, it’s that close. You could probably expect a cease and desist notice if you sold it.

On a positive note, the knockoff logo looks really crisp and well done. Just make your own concept and colors, it’ll be fine.

Best advice I can come up with: if it’s fan art (which yours is) don’t try to sell it.

You’ve obviously got the basic “chops” to produce vector-art like this, so just … get creative. Team logos usually are based on a diagonal with the eye/focal-point placed in the lower third quadrant. (Simplest example is the Nike® “swoop.”) So, take your bird and dream-up something that the sports team logo people haven’t done yet. I agree that this image is such an archetype of the genre that someone would probably find it to be infringing. But the eagle could be in the air with the focus on his talons, the general shape could be an oval or a box, and so on.

And then, my advice to secure the blessing of a qualified attorney still holds. Both to avoid charges of infringement and to properly protect your own work. (For instance, s/he may advise you to seek a “design patent” because you intend to create physical things.) Don’t wander into these waters without a guide: they are full of sharks.

Thanks everybody…

Aaargh… I don’t want to waste my time with an attorney :frowning:
By the way I’m from Belgium… MMmmmm… I’ll try to have advice from attorneys

I thought they were different enough

Here’s my figurine project so far… Or I could simply erase the logos, but will look simple…


IP is ruled by what’s discussed on this web-page – https://en.wikipedia.org/wiki/Laches_(equity) – the “Doctrine of Laches.” It’s what forces intellectual-property owners to constantly search for and to take action against any-and-every potential violators of their rights. (Because, if they don’t do so, they could lose those rights forever.)

No matter where in the world you are, intellectual property blunders can cost very dearly. Just put on your creativity-hat and come up with something truly original.

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If I could chime in for a second, understanding that you are from Belgium, I would just like to reinforce something I know from experience living in the U.S. The NFL is blood thirsty when it comes to branding. Having a team called the eagles on a model with a green jersey is probably enough for them to take action and “swoop” in. It seems ridiculous but it has happened before.