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JGM, Solicitor
Category: Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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Can I use a hand drawn image from a victorian book in a trademark?

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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.
Customer: replied 2 years 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
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 2 years 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?
They have made their own copyright work based on the image. They can't stop you using the original.
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