Nor I am an attorney, but if Haynes licensed the picture from Triumph and
commissioned an artist to create it, as I believe they have for every other
manual they have published with similar cutaway drawings, then they would most
certainly own the rights to the commercial reproduction of that picture.
Period. They don't own the rights to EVERY picture of the car, certainly, but
they certainly would for that PARTICULAR picture and every other one that
appears in their publication.
As soon as money changes hands from the first sale of one t-shirt, it is
probably legal copyright infringement. The selling of an item containing the
copyrighted image would probably consititute unauthorized commercial use.
Obtaining permission for a venture like this to do things within the bounds of
federal copyright statutes doesn't seem like an unreasonable step to take to
insure that things are done properly, and as another poster suggested, such
permission would probably not be reasonably withheld once Haynes was contacted
to discuss the matter.
Take care,
Jeff McNeal (San Diego)
'67 RHD Spitfire Mk3 aka "Mrs. Jones"
'68 LHD Spitfire Mk3 project
Jeff's Classic '67 Spitfire Mk3 site & Vintage Spitfire Webring
http://www.TotallyTriumph.net/spitfire/spitfire.shtml
Join the TOTALLY TRIUMPH NETWORK!
Forums, Classifieds, Links & Triumph Merchandise
http://www.TotallyTriumph.net
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----- Original Message -----
From: Fred Thomas
To: HD883HUGGR@aol.com ; Spitfires@autox.team.net
Sent: Friday, February 01, 2002 11:59 AM
Subject: Re: t-shirts
I also am not a lawyer, and I do not think Haynes has a copyright on a
picture of a Triumph Spitfire, copyright on the book yes, a copyright on a
picture of someone elses car, I certainly think not. "FT"
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