Do I need to license?

[keithdd]

What is the name of your state? New Jersey

If I create artwork on the Etch A Sketch drawing toy (using the knobs, the way it was designed to be used) and then photograph my work including the entire face of the Etch A Sketch, do I need to get permission from Ohio Art, the manufacturer of the Etch a Sketch if I want to publish and sell the photographs either through a publisher or on my own?

 

[I AM ALWAYS LIABLE]

What is the name of your state? New Jersey

If I create artwork on the Etch A Sketch drawing toy (using the knobs, the way it was designed to be used) and then photograph my work including the entire face of the Etch A Sketch, do I need to get permission from Ohio Art, the manufacturer of the Etch a Sketch if I want to publish and sell the photographs either through a publisher or on my own?

My response:

. . . and, when you called the good people at "Ohio Art", what did they have to say?

IAAL

 

[keithdd]

Concerning Ohio Art's reply, I have had a number of conversations and correspondences with them. While they have been pleasant and polite they have been cool to my suggestion of partnering with them to promote the Etch a Sketch with my talent and skill. I have not posed the above question to them yet because I expect them to have a bias even if I have no legal obligation to obtain their permission or license. That's what I'm not sure about. I'm looking for an opinion from an objective party.
I do acknowledge Ohio Art's registered trademark on my web gallery at www.wanderline.com

 

[keithdd]

still wondering re: do i need to license?

still wondering if "I AM ALWAYS LIABLE" or anyone else has any further opinions on my licensing question.