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 JGM Your Own Question
JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11431
Experience:  30 years as a practising solicitor.
31090051
Type Your Law Question Here...
JGM is online now

Can I use a hand drawn image from a victorian book in a trademark?

Resolved Question:

Can I use a hand drawn image from a victorian book in a trademark? I am thinking because the book is out of copyright it shouldn't be an issue but want to check.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I should mention that I will be copying it from the book, that is scanning it. In the original book it is a hand drawn engraving
Expert:  JGM replied 1 year ago.
Yes, if there is no longer copyright protection there is no reason why it can't be used as a trademark. The image ceases to be subject to copyright seventy years from the end of the year that the author died.
Customer: replied 1 year ago.
The image has also been made into a "stock vector" by at least two graphic artists who both claim copyright to what appear to be identical image vectors and license it through stock image libraries specifically excluding use in a trademark or company identity. Conceivably these two graphic artists could be the same person/entity. I would prefer to license it from them but because of the exclusions on the license I guess that is not possible. By copying the image from the original publication can I ignore what these graphic artists have done with the image?
Expert:  JGM replied 1 year ago.
They have made their own copyright work based on the image. They can't stop you using the original.
JGM and other Law Specialists are ready to help you