What is the name of your state (only U.S. law)? In Pennsylvania, but discussing Alabama
Do I need permission to make and sell prints of a painting of a trademarked building? I have a commission to paint several scenes on the grounds of a well known university in the state of Alabama. It is turning out well and we (the client and I) decided to look into the idea of doing limited-edition prints from the paintings, as a sort of joint venture. We were told by a local printer that we would need clearance from the university to depict the buildings, because the image of the bell tower is trademarked in one case, and in the other the school logo is visible. We were also told that the school does not respond to individual inquiries and that we would need to pay $250 per image to the print shop owner, who is related to somebody at the school, to get clearance. Needless to say, we are not crazy about that but if we have to, we will just pay up. But it seems worthwhile to pause and ponder if we should just skip that step, go with another printer and see what happens. Initially sales would be word-of-mouth but I might also want to sell them through my website. Should we write to the school ourselves seeking permission (despite what we have been told about their disinclination to respond)? Would we actually be in violation of trademark law? I should say, my client is a big supporter of the school and doesn’t want to make a stink, but neither of us are happy about the graft or the expense. I would appreciate any help, opinions, or suggestions.
Do I need permission to make and sell prints of a painting of a trademarked building? I have a commission to paint several scenes on the grounds of a well known university in the state of Alabama. It is turning out well and we (the client and I) decided to look into the idea of doing limited-edition prints from the paintings, as a sort of joint venture. We were told by a local printer that we would need clearance from the university to depict the buildings, because the image of the bell tower is trademarked in one case, and in the other the school logo is visible. We were also told that the school does not respond to individual inquiries and that we would need to pay $250 per image to the print shop owner, who is related to somebody at the school, to get clearance. Needless to say, we are not crazy about that but if we have to, we will just pay up. But it seems worthwhile to pause and ponder if we should just skip that step, go with another printer and see what happens. Initially sales would be word-of-mouth but I might also want to sell them through my website. Should we write to the school ourselves seeking permission (despite what we have been told about their disinclination to respond)? Would we actually be in violation of trademark law? I should say, my client is a big supporter of the school and doesn’t want to make a stink, but neither of us are happy about the graft or the expense. I would appreciate any help, opinions, or suggestions.
