How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
62162956
Type Your Law Question Here...
UKSolicitorJA is online now

Hi, what is the legal position here: An artist draws an illustration. the

Resolved Question:

Hi, what is the legal position here:
An artist draws an illustration.
the illustration depicts a well know character in a drama series
the illustration shows the character wearing a top displaying the logo of a well known sportswear brand.
the illustrator collaborates with a t-shirt supplier and a t-shirt is printed showing the illustration.
the t shirt supplier put the t shirt out for sale in his shop and online.
The question:
Are there any legal issues concerning copyright or trade mark infringement with this?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Copyright in the illustration would belong automatically to the artist under the Copyright Designs and Patents Act 1988.

The Artist may sue the supplier for breach of copyright if the supplier is using the artist's illustration without permission.

Hope this helps
Customer: replied 3 years ago.

Thank you, XXXXX XXXXX question was more concerning the artist's use of a character from a well known drama series and his use of a sportswear brand's logo in the illustration.


 


Would this be an infringement of the sportswear brand's trademark or the tv drama series producers copyright?

Expert:  UKSolicitorJA replied 3 years ago.
Yes, it would appear to be infringement of copyright by the artist in that case.

Hope this clarifies.
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you again.


 


Not sure if this is technically another question, which would require further payment, please advise if it does. If it does, I won't continue, but will complete payment of the first question.


 


The question is where would legal responsibility lie?


My role is as the manufacturer, who will pull together the t-shirt, the printing of same and the delivery to the retailer.


Is it the retailer who is responsible, or does every party along the way (the manufacturer, the printer, the retailer) break the copyright?


 


Thank you in anticipation of this further answer.

Expert:  UKSolicitorJA replied 3 years ago.
I am afraid that is a new question.

Customer: replied 3 years ago.

Ok, thanks anyway.


 


Your profile does say "Your satisfaction is my goal, and I'm happy to answer any follow-up questions you may have."


 


Perhaps it should say, ".... with further payment".


 


However I am satisfied with the initial answer and will now complete payment for it.


 


Many thanks