Common Law CopyrightBack when I published a newsletter, I was told that 5 postmarked copies of anything was an attempted copyright in the eyes of the law. In other words, if someone wanted to be a real jerk, they'd sue people who used a quote without permission in a photocopied letter to five or more friends. That may be an exaggeration, but read the signs at Kinkos sometime.I'm not sure how much of this would ever get to trial. Just in case, I don't upload my artwork until the postmark date. If someone were to try to claim any of my art as their own, I would have postmarked proof that predates their use of it. The legal names listed online for the creation and execution of each image all appear on the postcards. The copyright is shared where indicated. The rest of the infinite halo website is as copyrighted as any other website. Ask first and I'll be cooperative. Flagrantly abuse a loophole and I'll find a way to get even. Fair UseCan Nine Inch Nails legally keep me from reinterpreting their logo in my artwork?I don't think so. Did Campell's Soup sue Andy Warhol? If so, did they win? As long as I am reinterpreting an existing logo as part of my art, and not claiming the logo as my own, I believe I'm safe. At least, as safe as Trent Reznor, who uses copious audio samples in his work. Now how all this works in Louisiana (where Trent now resides), where they don't have Common Law, is beyond me. When I tried to order a golf shirt with a little "NIN" where the alligator should be, the embroiderer refused to put the border about the NIN, or use both black and white thread to make it match the original logo. They were willing to make the backwards N, and use the stock font that best matched the NIN font. This is fair use. The true match I wanted is copyright infringement. NIN aren't quite as vicious as, say, Disney. (Which is why I haven't scanned in the postcards that are not my copyright). However, their marketers will ask you to stop using the exact logo if they catch you. At least they give you a warning. I have heard that NIN is aware of my postcards, but they have yet to contact me. My "merchandise" must be sufficiently different, or insufficiently profitable, or they agree with my interpretation of fair use. Just to be safe, the original NIN logo is, to my knowledge, the creation of Gary Talpas and/or Trent Reznor. And I think it rules. My work is intended as a compliment, not theft.
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