Friday, February 03, 2006

UnFair Use


A new trademark law before the Judiciary Committee ("HR 683 - the Trademark Dilution Revision Act") contains anti-speech aspects that would prevent the use of famous trademarks to illustrate a point when discussing public issues. From the article at StockPhotogrpher.info...
The Act would give companies considerable leverage in preventing artists and photographers from employing their marks in images by claiming the mark is being "diluted". The bigger the company, the more famous the trademark, the easier it will be to prevent you guys from using it. National companies with highly recognizable marks would have more leverage than any single creator or small business and would easily outspend any of you to prevent your using their mark. Exceptions for fair use, non-commercial use, reportage, commentary, etc. currently existing could disappear and would be no defense to claims of infringement of a registered or unregistered mark. Trade dress is often unregistered.

read the full article here and find out how VW plans to sue the creator of the image above

The author suggests you contact Senator Arlen Specter, Chairman of the Senate Judiciary Committee, 711 Hart Building, Washington, DC 20510 to voice your opposition to this bill.

(thanks Lynda for passing this along)

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