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  1. #40
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    Re: Daniel Moore doing a Johnny Football print

    Quote Originally Posted by Bamabuzzard View Post
    I think he had to because in many of the paintings the other schools' logo was clearly on the side of their helmets. I know the actual logo is protected from being used. But who knows? I'm just shocked at the outcome.
    Yes I think you are exactly right.

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  3. #41

    Re: Daniel Moore doing a Johnny Football print

    Quote Originally Posted by TideEngineer08 View Post
    Yes I think you are exactly right.
    Well, the circle logo and script A are both registered trademarks: http://www.rolltide.com/licensing/pd...et20120213.pdf

    I've received two of his prints as gifts but will never support him with my own money.
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  4. #42
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    Re: Daniel Moore doing a Johnny Football print

    Quote Originally Posted by crimsonaudio View Post
    Well, the circle logo and script A are both registered trademarks: http://www.rolltide.com/licensing/pd...et20120213.pdf

    I've received two of his prints as gifts but will never support him with my own money.
    Yes, you are right too. Which is why I don't understand how the court allowed him to get away with the paintings like the 2008 Iron Bowl.

    Just because we only have numerals on the side of our helmet doesn't excuse paintings like that one, or any of them where our Circle A appeared on the jersey.

  5. #43
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    Re: Daniel Moore doing a Johnny Football print

    Quote Originally Posted by 92tide View Post
    a and m can always send their storm troopers to protect their logo

    Looking at the picture, if they are going to protect the logo, they must keep it in their underwear. I'm not sure I've ever seen a line of guys in uniform all holding their crotch like that.

  6. #44
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    Re: Daniel Moore doing a Johnny Manziel print...

    First Amendment, folks...

    Artists, be they writers or painters or sculptors or whatever, do not have to pay a fee in order to exercise their freedom of expression - including depicting the likeness of celebrity.

    If you'd like to know more, the case you're looking for is ETW Corps vs. Jireh Publishing.

  7. #45
    FB Moderator Bamabuzzard's Avatar
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    Re: Daniel Moore doing a Johnny Manziel print...

    Quote Originally Posted by AngryEwok View Post
    First Amendment, folks...

    Artists, be they writers or painters or sculptors or whatever, do not have to pay a fee in order to exercise their freedom of expression - including depicting the likeness of celebrity.

    If you'd like to know more, the case you're looking for is ETW Corps vs. Jireh Publishing.
    So they can make money on using copyrighted and trademarked material while others are prohibited from it? This is no different than me just deciding to put an LSU Tigers logo on my product (I live in Louisiana so it would profit me BIG TIME to use LSU on my products) and sell it. I'd get sued faster than Fat Phil could put another doughnut in his mouth.
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  8. #46
    BamaNation All-SEC AngryEwok's Avatar
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    Re: Daniel Moore doing a Johnny Manziel print...

    No, because slapping a logo on a product (such as a coffee mug) suggests endorsement. Simply depicting through one's art something that happens to be trademarked is still a depiction, it is still art and thus protected by the Freedom Of Speech.

    What's important, people, is to understand that it doesn't matter how realistic or abstract the depiction is.

  9. #47
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    Re: Daniel Moore doing a Johnny Manziel print...

    Quote Originally Posted by AngryEwok View Post
    First Amendment, folks...

    Artists, be they writers or painters or sculptors or whatever, do not have to pay a fee in order to exercise their freedom of expression - including depicting the likeness of celebrity.

    If you'd like to know more, the case you're looking for is ETW Corps vs. Jireh Publishing.
    Yes. The case was all about First Amendment rights of an artist. Tiger Woods sued University of Alabama Graduate and artist Rick Rush for a painting he did of Tiger. Tiger lost the lawsuit and the appeal. The judge ruled that Tiger's likeness was not a trademark.

    Mr Moore's open letters on the case are linked below if you want to read them.

    http://newlifeart.com/images/LetterstoWitt.pdf

    http://newlifeart.com/awordfromtheartist.htm

    The whole things boil down to 1st amendment rights which AngryEwok pointed out above.

    These threads always revert to siding with Daniel Moore fighting for his 1st amendment rights or With U of A's Attorneys for trying to say that a picture of an Alabama Football Player is a trademark.

    The courts have ruled in favor of Mr Moore and for Rick Rush (the Tiger Woods case). Guess Mr Moore and Mr Rush were right in defending themselves. I guess that means that the Univ of Ala and Tiger Woods was wrong in their beliefs. Case is over.
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    Re: Daniel Moore doing a Johnny Manziel print...

    Quote Originally Posted by AngryEwok View Post
    No, because slapping a logo on a product (such as a coffee mug) suggests endorsement. Simply depicting through one's art something that happens to be trademarked is still a depiction, it is still art and thus protected by the Freedom Of Speech.

    What's important, people, is to understand that it doesn't matter how realistic or abstract the depiction is.
    Why then, did Mr. Moore pay royalty fees all those years? And why did he continue to pay all other Universities after he quit paying UA?

  11. #49
    BamaNation All-SEC AngryEwok's Avatar
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    Re: Daniel Moore doing a Johnny Manziel print...

    Quote Originally Posted by Clubfitter View Post
    Yes. The case was all about First Amendment rights of an artist. Tiger Woods sued University of Alabama Graduate and artist Rick Rush for a painting he did of Tiger. Tiger lost the lawsuit and the appeal. The judge ruled that Tiger's likeness was not a trademark.
    And we should all thank goodness that a Celebrity's RIGHT OF PUBLICITY does not over-ride our individual FREEDOM OF SPEECH. I cannot go political but consider for yourself what the consequences would be.

  12. #50
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    Re: Daniel Moore doing a Johnny Manziel print...

    Quote Originally Posted by AngryEwok View Post
    And we should all thank goodness that a Celebrity's RIGHT OF PUBLICITY does not over-ride our individual FREEDOM OF SPEECH. I cannot go political but consider for yourself what the consequences would be.

    Yes
    “What happened yesterday is history. What happens tomorrow is a mystery. What we do today makes a difference - the precious present moment.”
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  13. #51
    BamaNation All-SEC AngryEwok's Avatar
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    Re: Daniel Moore doing a Johnny Manziel print...

    Quote Originally Posted by TideEngineer08 View Post
    Why then, did Mr. Moore pay royalty fees all those years? And why did he continue to pay all other Universities after he quit paying UA?
    The royalty was not necessary for him to express his freedom of speech.

    I would guess, not knowing Daniel Moore, that he chose to be officially licensed as an artist in order to build his reputation with Alabama art and memorabilia dealers. Dealers like the phrase "Officially Licensed".

    I would also guess that eventually, the UA jacked up their "Officially Licensed" sticker on Danny until he could no longer justify the expense that is now, as he is a household name, relatively unnecessary.

  14. #52
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    Re: Daniel Moore doing a Johnny Manziel print...

    Quote Originally Posted by AngryEwok View Post
    No, because slapping a logo on a product (such as a coffee mug) suggests endorsement. Simply depicting through one's art something that happens to be trademarked is still a depiction, it is still art and thus protected by the Freedom Of Speech.

    What's important, people, is to understand that it doesn't matter how realistic or abstract the depiction is.
    Let's be honest. It is a loophole for artist and people who fall into that field. That's all it is. We can split hairs all we want but the logo on a coffee mug doesn't sell because it "suggest ensorsement" by the college. It sells because the popularity of the football team it represents.
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