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
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