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08-30-2012, 01:14 PM
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Join Date: Jun 2006
Location: St. Louis (Eureka), MO
Posts: 283
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In this case, perhaps it is better to beg for forgiveness than ask for permission. As in apply as a decal, enjoy flying, and if anything were to ever come up, you will have direct contact with the right people to try and get permission. In a worse case scenario, remove the decal, repaint the tail if needed. But, as this is not a logo, you probably have no worries. Consider also asking an attorney in Norway familiar with trademarks and copyrights their advice before engaging the bureaucracy of Di$ney.
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08-30-2012, 02:06 PM
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Join Date: May 2009
Location: Houston, TX
Posts: 531
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BTW, love the concept and mockups!
Quote:
Originally Posted by cnpeters
But, as this is not a logo, you probably have no worries.
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Good point.
And (in the US) it would make a difference if someone else was hired to do it vs. you doing it yourself. The person you hired could be liable in some cases. Etc. Etc.
And, if you go fly your plane with Kermit on it in an airshow, and get paid for it.... Etc. Etc.
__________________
-Rick Greer, VAF #2492
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08-30-2012, 04:20 PM
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Join Date: Nov 2005
Posts: 1,256
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Quote:
Originally Posted by FresnoR
Here is a good legal advice thread regarding the personal use of an NFL logo:
http://www.avvo.com/legal-answers/ca...mm-269918.html
I believe your case may be viewed as "fair use" and personal. You are not necessarily copying to make a profit off something. Additionally, you are using a character and not a logo, which helps your case.
*I have had snoopy as my avatar pic for years now and the Peanuts Worldwide LLC has not come after me... yet
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One thing about legal advice on the internet...it's worth what you paid for it.
That link is about *trademarks*, not copyrighted material. Rest assured that Mickey, Goofy, Ronald McDonald, and other fictitious *characters* created by corporations can and are *copyrighted*, and Disney is among the most aggressive at enforcing their copyrights.
"Fair use" does not mean what everyone seems to think it means. Just because it's on something you own doesn't mean it's not a copyright violation...that'd be something for an attorney to advise you on.
Again, like an avatar, you could probably use it to your heart's content and never hear a word. But if you start showing up at airshows and displaying it, etc., your odds of hearing from one of Disney's intellectual property attorneys likely goes up.
There's a world of difference between using an image as an avatar and plastering one on the tail of your plane and flying it around for everyone to see. 
__________________
Steve "Flying Scotsman"
Santa Clarita, CA
PP-ASEL, ASES, Instrument Airplane
RV-7A N660WS flying!
#8,000
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08-30-2012, 06:11 PM
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Join Date: Oct 2010
Location: La Feria Texas
Posts: 3,822
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Best to do some research on copyrights. I jumped thru a bunch of hoops trying to get permission to use "Hagar the Horrible" on mine. What I finally found out was that for your personal use, not selling it for profit, is perfectly legal and provided for in the copyright laws.
We just went thru some of the same with some cloth bought at Walmart with Mickey's on it. In the edge of the cloth it states it is perfectly legal for YOU to make things for YOURSELF with this cloth.
Last edited by DonFromTX : 08-30-2012 at 06:14 PM.
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08-30-2012, 11:17 PM
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Join Date: May 2009
Location: Houston, TX
Posts: 531
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IP Law in Norway specifically. Well that, and any international treaties and such that may come into play. (I was using "fair use" generically... I don't even know if that exists in Norway, or how it applies.)
None of this mean of course, you couldn't just do it and never be bothered. Or, that it might be perfectly legal and you get sued anyway. 
__________________
-Rick Greer, VAF #2492
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08-31-2012, 08:21 AM
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Join Date: Nov 2007
Location: Collierville, TN
Posts: 74
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I think the decal idea is pretty brilliant, actually. No clue on IP law in Norway, however. 
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08-31-2012, 03:52 PM
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Join Date: Oct 2008
Location: Lake Country, B.C. Canada
Posts: 2,416
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...and another angle, if you want it....
don't put 'Kermit' on you plane. Don't refer to the image as such.
....put a "green frog puppet" image on there.
change the shade of green to Pantone PMS 369, make his eye pupils different and alter the number of spikes on the thing around his neck.
.....presto, he is no longer 'Kermit', at least, in a defensible way.
we used to do this when kids asked for somehting printed on thier t-shirts for a little league team.
(just my $.02, i am not a lawyer.)
__________________
Perry Y.
RV-9a - SOLD!....
Lake Country, BC
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09-01-2012, 02:55 PM
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Join Date: Sep 2006
Location: Manstad, Norway
Posts: 866
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Thanks...
.... for all the input guys.
You got me thinking towards new ways to solve this problem.
I've been considering the "easier to get forgiveness than persmission" way earlier, and have dicided that I'll try the permission-way first.
I have one question regarding the poster of Kermit: The one in this link:
http://www.roommatesdecor.com/the-mu...ll-decals.aspx
If I buy this decal and put it on the VS, will that be legal?
I mean: I have bought that decal through a webshop, so I guess that means that it''s mine to use, right?
It certainly won't be used in any commercial way....
Or am I wrong thinking this?
__________________
Regards Alf Olav Frog / Norway
First RV-7 completed, (bought partly finished from a US-builder) 305 hrs per July 2014, SOLD
Second -7 had first flight Feb 25th 2014. 220 hrs pr July 2019. Life is good!
Last edited by ao.frog : 09-01-2012 at 02:58 PM.
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09-01-2012, 04:11 PM
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Join Date: Sep 2006
Location: Port Orange, FL
Posts: 1,020
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Quote:
Originally Posted by ao.frog
If I buy this decal and put it on the VS, will that be legal?
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As long as you don't sell photos of your airplane with that image on it, it is legal. You purchase it for your personal use. Put it on your wall, your airplane, your car, ... is considered personal use.
__________________
Ted Chang, VAF #681
RV-9A #91048, flying since 8/2006. 2,050 hrs.
2018 Due paid
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09-01-2012, 10:44 PM
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Join Date: Nov 2005
Posts: 1,256
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Quote:
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If I _____________, will that be legal?
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If you really, truly, want an answer to that question from someone who knows about what they're talking, make sure you ask *an attorney*, not an internet forum  (and even then, the answer may be wrong).
Yes, you're *probably* fine with doing whatever, but since this seems to be something about which you're concerned (concerned enough to ask the question on this forum), why not ask someone who is trained in the field and can give you an answer based on the law?
(Frankly, I'd just do it and be done with it and I'd have never asked anyone in the first place, but since you opened the door...  ...well, there you are!)
__________________
Steve "Flying Scotsman"
Santa Clarita, CA
PP-ASEL, ASES, Instrument Airplane
RV-7A N660WS flying!
#8,000
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