Public Domain Question
This doesn't particularly pertain to real estate per se, but it's for my real estate company, so I figured I'd post it in this forum.
I'd like to know how much freedom I have using caricatures of past personalities . There's one person in particular who I'm developing an entire marketing angle around. This person is known for making mistakes. I'd like to use the caricature as my unofficial company mascot. I'm already talking to desingn firms about fees for renderings.
This person's been dead for over 150 years, so I'd like to know if a person's name and likeness falls under public domain. There's like 80,000 companies named after Lincoln and I don't recall the family getting any royalty fees. The Lincoln name carries prestige, so I'm not sure if using someone for less than flattering reasons could cause trouble. I'd like to know if I'd face any repercussions for using this person's name and likeness (in caricature form) for my promotions. I've got lots of great ideas and I think this will go over well.
Any input would be greatly appreciated. Thanks.
HOLLERatG,
If you are going to use Lincoln just make sure you are not making $5 dollar bills and you will be fine.
You see advertisements in print all the time using caricatures of Washington, Lincoln etc. for president days sales.
I would say after 150 years you are safe, however you could call your local newspaper or a printer and say you are thinking of doing an ad and you want to use, so and so in a caricature, they can tell you if it would be infringing on anyone.
John $Cash$ Locke
Thanks, John.
It's not Lincoln that I'll be using, he was just cited as an example of what's being done by several companies.
Thanks for the idea to check with the papers. I'll be doing that.
I work in media and can assure you, you have NOTHING to worry about.
Your issue is image trademark infringement and well, the office didn't even exist 150 years ago. Patents, yes, but image trademarks, no. Our founding fathers never could conceive what modern media would bring about...so why worry about protecting a person's likeness.
The system is set up so no schmo off the street can walk in and file trademark protection on a dead guy, especially a historical figure. Otherwise, big corporations would be filing protection against every person in the obituaries.
Fictional characters, like Tom Sawyer, may be a different story...but even some of those are public domain.
So go for it. The absolute worst that can happen is some obscure relative may pop up and cry foul, in which case you make them prove they have ownership of the image. And if, by longshot they do, then stop the campaign.