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Do I need to obtain licensing to create artwork that displays trademarks?
Posted by Anonymous . updated on 11/23/2010
For example, if I make a painting of a NFL player, and the painting displays several trademarks, including NFL logos, team logos and uniforms (e.g., Pittsburgh Steelers, Dallas Cowboys, etc.), manufacturer logos (e.g., Nike, Reebok, etc.), player name and jersey number, what permissions, if any, do I need to obtain?
I believe that all of the aforementioned are protected trademarks and realize that in the world of sports merchandizing the value of the artwork is less dependent on the quality of the art and instead is often driven by the consumer's interest in the player/team depicted. If I need any type of permissions to create this type of painting, are there alternative ways to legally circumvent the licensing requirements, e.g., obscuring the logos, not including the player name/number, etc.?
I've reviewed the licensing applications for the NFL and NHL, and it appears that these are more for vendors with an established history in retail that are interested in selling products displaying league trademarks rather than independent artists creating artwork that displays these trademarks. Any guidance would be appreciated.
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