Etch A Sketch licensing question

[keithdd]

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?

 

[ChicagoLawyer]

Would you need the permission of the canvas manufacturer if it were a painting?

You are not alone. THere are many etchasketch artists out there, as I am sure you know.

This is not legal advice but only general information. We do not have any attorney client relationship

 

[keithdd]

Thanks for your response. I've thought about it in terms of a painting on canvas as you mention or the many other materials or supplies that can be used in a piece of art, however one difference is the company or product name isn't visible on the front of a canvas while "Ohio Art", "Magic Etch A Sketch Screen" and "The World of Toys" are Ohio Art's names or tag lines which are visible on the front of the Etch A Sketch and I do want to show the entire Etch A Sketch when I photograph my etchings.