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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
Am I correct to understand that you have not sought permission to date from TfL please?
Hello, no, I have had no contact with them.
Thanks. I am grateful for the link you supplied. I fear that I also have concerns that your poster will constitute a derivative work and hence be liable to potential claims for infringment by TfL. The basic test for a deivative work is whether there is a causal link between the original and dervative or whether the original simply formed the inspiration for an intirely new work - essentially would a reasonable person readily recognise the original work in your own.
The concern here is that there would appear to be a clear causal link between the two works - indeed that is your intention presumably, to create a poster that is based on the design of the underground map to show the local bars in an interesting way.
Furthermore you have used the logo of the TfL in a modified manner which is a trademark and this mayy lead to a further claim of infrinement of TfLs trademark.
Accordingly I consider it would be very brave to publish this without obtaining permission from TfL. TfL can be fairly aggressive in protecting their IP and their lawyers are quite active in pursuing what they consider to be infringement.
So I should probably contact them so they can formally advise me to cease and desist, as they're unlikley to see it favourably.
I don't think you should have a problem publishing as such with permission. TfL grant thousands of licences each year to a range of products and they have a scale of charges they puclish from time to time.
They may even confirm that they do not consider this to be a derivative work but I suspect that is not likely.
Well, I think that'll be as good as a shut down because if it wa sused under license, they'd expect their unadultered logo to be used and a licence would probably cost far more than I could ever expect to make from this.
I'll email them and wait for the inevitable order to stop immedaitely then.
Well their prices appear to be in the region of £150 + VAT for a print run of up to 8000. That is for reproduction of the original map and they may view this differently. If they confirm they do not view this as a derivative work of course you are away and clear.
Well thanks for your help. I think that's about all for now. Do you think I should use any specific terminology or plea in my contact wjth them?
A letter advising that you wish to publish a work that they could potentally deem constitutes a derivative work as per the enclosed and seeking confirmation that they have no objection to your publishing the same on the basis that you have made significant enough changes to their copyrighted work in order to satisify their requirements is along the lines of what you require.
Is there anything above I can clarify for you?
No, that's fine thank you.
I wish you well for your project and hope Tfl view it postively.
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