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Re: [teacherartexchange] Pop Art Trademark Question

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From: Judy Decker (jdecker4art_at_TeacherArtExchange)
Date: Fri Feb 20 2009 - 09:44:43 PST


Hi Sharon,

I have not seen the Peggy Flores video - but I can almost say for
certain that Trademark Infringement never crossed her mind.

I know the students would have more fun creating candy "spoofs" than
making exact copies....and thus there would be no trademark violation.
They could even have fun with the ingredient lists (make a poem out it
is? for instance).

"McTwisted" (on the IAD lesson) was my idea. The teacher who submitted
the lesson had no idea about Trademark Infringement - it just wasn't
heard of back in the "old days" (pre-Internet). The Internet has made
us so much more aware of the laws and how we teachers typically ignore
the laws.
http://www.princetonol.com/groups/iad/lessons/middle/middle18.html

I wrote to the home offices of the fast food companies that are
represented on the lesson. I only heard back from McDonald's - and it
was months after my initial contact. I had totally lost interest in
doing any additional updates to the lesson at that time, so just
deleted their demands. They have the link - have never contacted me
again. So...the lesson stands "as is".

I never even researched Trademark Infringement myself until I heard
from Don Stewart about his woes with VW of America. I got Don in
contact with a good Freedom of Expression lawyer (who worked for free
for Don). The lawyer wrote a letter to VW of America..... Don still
has the two VW Bugs on his site - nothing more came from it. Don still
sells his VW Bug prints. And certainly did not tear the pages from his
book ( as they originally requested). No problem. I think Don was the
first artist VW lawyers went after.... just to see if they could "do
it". They had already hit all of the car repair shops/parts dealers
(online).

http://www.princetonol.com/groups/iad/lessons/middle/Don-puns.htm

Here is the VW lesson. I originally had more to it - but removed some
of the content.
http://www.princetonol.com/groups/iad/lessons/middle/Don-puns.htm

Don got a lot of recognition on the web because of me (grin). He did
send me tow free VW prints and a copy of his book.

Here is another lesson - Metamorphosis:
http://www.princetonol.com/groups/iad/lessons/middle/Judy-Morph.htm

Originally, I had line drawings of a metamorphosis from Rabbit to VW
Rabbit. Once the artist saw what I was trying to do with the lesson,
he got worried and asked the I remove his art. I did get permission
initially. I might get "naughty" and add them back now that the hoopla
has died down.

All of the copyright notes/trademark notes on the lessons on IAD have
all been added by me (to cover Princeton Online - which would be held
accountable as the host). If you ever do publish a student work of art
that is in violation of Trademark/Copyright. You will first get a
cease and desist (don't publish it again, remove it from your web
site.....no court cost/no fines). Lawyers for these companies don't
have time to come after teachers (Oh - except Disney. They did force a
school/teacher to repaint a wall that had Disney characters. Hmmm....
wonder how many hospitals we could report to Disney? Someone else
turned the school in - made Disney aware of it).

There is also a Trademark blurb on the lesson as simple as "tear
bears" (chuckles).
I haven't surfed to see what became of the case.

Hope I am not too late in my reply, Sharon.

Just a reminder... If anyone posts a reply to this, please remove my
email address.

Judy Decker

On Sun, Feb 15, 2009 at 10:01 PM, Sharon wrote:
>
> Dear Teachers,
> I have a class that just completed Pop Art snack bags like the ones demonstrated in the Papier-Mache Pop Art Video by Peggy Flores. My class
> made giant size M&M bags, Dorito's bags, Hershey Bars and others. They
> seemed to realy get into this project! I am wondering if the educational values of the project ( study of proportion, lettering, color mixing )
> and talking about copyright and trademark is enough to make this okay ?
> Peggy didn't say she got permission to demo her Sugar Babies package.
> I did a google search and found a passage that stated that stated that students may use copyrighted material for educational purposes. The
> only thin I found on Trademark was thar it was okay if it is used in a
> parody. Do you think we need to spoof the names of our products? They
> are really cute. I wanted to show case them in an up coming newspaper
> article, but not if it gets us in hot water. What do you think ?
> Thanks for your help,
> Sharon

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