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Playing Card Chat ♠ ♥ ♣ ♦ => Design & Development => Topic started by: loldudex2 on August 05, 2012, 12:51:08 PM

Title: How Can I do this Without Being Sued?
Post by: loldudex2 on August 05, 2012, 12:51:08 PM
Hello, for a while now I have been interested in designing a deck of playing cards. While it probably will never happen, I have a legal question  would like to ask.

One of my ideas was to make a deck around "Rock 'N Roll" (a theme I love), and I wanted to base the court cards of some of the largest rock icons (ex. Having a king based off of Elvis, and a queen based off of Janis Joplin), but I know I would probably get sued for using their likeness. Is there any way that I could legally do this, and not run the risk of getting sued? Thanks, and any help is appreciated.
Title: Re: How Can I do this Without Being Sued?
Post by: xela on August 05, 2012, 01:52:56 PM
I'm fairly certain you can use their likeness without being sued, but the best idea would be to consult an attorney. Consultations are fairly cheap, often free. Don't ask USPCC though, they will tell you everything is legal until the last day when they let you know that you have to change everything. :P
Title: Re: How Can I do this Without Being Sued?
Post by: Russell CircleCityCards on August 05, 2012, 04:28:53 PM
Similar to what Alex said, see a lawyer and do not listen to a thing anyone says otherwise. They are not lawyers and they are not the copyright holders.


No further input from a public cardistry forum is needed...
Title: Re: How Can I do this Without Being Sued?
Post by: Don Boyer on August 05, 2012, 08:02:06 PM
The absolute simplest route, no lawyers necessary, would be to make images that are similar to the originals, but adequately different to tell the difference for legal purposes.  But you might not want to go that route - it's an artistic choice.  You'd be capturing the essence of your rock icons, but not the actual images of them.


But to use the actual images, well - most of these icons have estates that manage their "properties" and I think you would need a legal sign-off for most if not all of them.  And of course, it will cost money.  And don't try using an image of the Rock and Roll Hall of Fame and Museum - they're known for being litigious about any images of the building used for profit, which supposedly they've copyrighted and trademarked up the wazoo. 
Title: Re: How Can I do this Without Being Sued?
Post by: loldudex2 on August 05, 2012, 08:13:35 PM
So Don, as long as I draw my own images, should I be fine? I want to use my own work.

P.S. Everyone, if I do ever plan to do this, I will contact an attorney/ lawyer to make sure it's legal.
Title: Re: How Can I do this Without Being Sued?
Post by: Don Boyer on August 05, 2012, 09:42:24 PM
So Don, as long as I draw my own images, should I be fine? I want to use my own work.

P.S. Everyone, if I do ever plan to do this, I will contact an attorney/ lawyer to make sure it's legal.


You can draw your own images of "archetypical" characters - Elvisesque, Joplinesque, etc. - but not the actual famous figures, as far as I know, especially since this is a rock-and-roll themed deck made for retail sale/distribution.


Or you can just ask Darth Sidious: "I will MAKE it legal!"
Title: Re: How Can I do this Without Being Sued?
Post by: Utterfool on August 06, 2012, 03:51:46 AM
One of my ideas was to make a deck around "Rock 'N Roll" (a theme I love), and I wanted to base the court cards of some of the largest rock icons (ex. Having a king based off of Elvis, and a queen based off of Janis Joplin),

How Old are you?

you actually know these names.
you don't want to make a "Rock 'N Roll" deck with Chris Brown or somebody from Nickleback in it !?!

I think it must be raining, because there are tears running down my nose.
there is hope for this next generation yet.
Title: Re: How Can I do this Without Being Sued?
Post by: xela on August 06, 2012, 05:02:38 AM
One of my ideas was to make a deck around "Rock 'N Roll" (a theme I love), and I wanted to base the court cards of some of the largest rock icons (ex. Having a king based off of Elvis, and a queen based off of Janis Joplin),

How Old are you?

you actually know these names.
you don't want to make a "Rock 'N Roll" deck with Chris Brown or somebody from Nickleback in it !?!

I think it must be raining, because there are tears running down my nose.
there is hope for this next generation yet.

I've said it many times before, but Levi acts way older for his age than most people I know. The dude is going places. :P
Title: Re: How Can I do this Without Being Sued?
Post by: loldudex2 on August 06, 2012, 11:14:42 AM
How Old are you?

you actually know these names.
you don't want to make a "Rock 'N Roll" deck with Chris Brown or somebody from Nickleback in it !?!

I think it must be raining, because there are tears running down my nose.
there is hope for this next generation yet.

I've said it many times before, but Levi acts way older for his age than most people I know. The dude is going places. :P

Thank's guys, it means a lot to hear that from you guys. I say this everywhere I go, but classic rock (more so then current rock) is, and always will be the greatest genre of all time. I can't stand dubstep, and I hate 95% of all rap music, and I feel rock is a genre that everyone can relate to.

And Utterfool, if you like that, you will love my possible ideas for the rest of the court cards. While I know some of these aren't necessarily "rock" groups/artists, I feel they fit in quite well.

P.S I only wanted to choose people that could be recognized without explanation, that also had an influence in rock in general.

Kings:
Elvis Presley
Michael Jackson
Freddie Mercury
Gene Simmons
Mick Jagger
Curt Cobain
(Yes, I know I have six. i haven't decided which to use yet)

Queens:
Madonna
Janis Joplin
Joan Jett
Pat Benatar

Jacks:
Paul McCartney
John Lennon
George Harrison
Ringo Starr
-All in their Sgt. Pepper's outfits.

P.S. Nickleback would make an awesome joker  ;)
Title: Re: How Can I do this Without Being Sued?
Post by: Utterfool on August 06, 2012, 11:49:07 AM

Kings:
Elvis Presley
Michael Jackson
Freddie Mercury
Gene Simmons
Mick Jagger
Curt Cobain
(Yes, I know I have six. i haven't decided which to use yet)

I can Narrow that down for you right now.
You should dump Michael Jackson and Curt Cobain.
I have nothing against either, but they defined a different genre of music (pop and grunge)

Maybe drop Madonna, for the same reason. You could Go with Debbie Harry (Blondie) or Wendy O Williams (Plasmatics) with the Mohawk of course

And I personally would love to see Jerry Garcia as a Joker.

I would pay your legal bills if you could make this deck well.

edit: and Hendrix as the Ace of Spades
Title: Re: How Can I do this Without Being Sued?
Post by: loldudex2 on August 06, 2012, 12:14:51 PM
Yeah, I figured that. I was feeling the same way about Cobain, Madonna, and Michael Jackson (especially Michael Jackson and Madonna), but I just felt that they had such an influence in music today that it would be a shame not to include them. Maybe I could make this a "Legends of Music Deck"? I don't know, but I will ponder all the options.

Jerry Garcia and Hendrix would be pretty awesome though.
Title: Re: How Can I do this Without Being Sued?
Post by: Don Boyer on August 06, 2012, 08:14:18 PM
Yeah, I figured that. I was feeling the same way about Cobain, Madonna, and Michael Jackson (especially Michael Jackson and Madonna), but I just felt that they had such an influence in music today that it would be a shame not to include them. Maybe I could make this a "Legends of Music Deck"? I don't know, but I will ponder all the options.

Jerry Garcia and Hendrix would be pretty awesome though.


There's no need for that name.  All the genres mentioned here (and many, many others) owe their existence to rock and roll.  None of them would exist if rock didn't blaze the trail.
Title: Re: How Can I do this Without Being Sued?
Post by: Joshua Robinson on August 07, 2012, 07:10:31 AM
What about a blues deck?

Stevie Ray Vaughn
B.B King
Muddy Waters
Blue Shaddy
Indigo Duck

(My parents and I are huge blues fans! if you haven't heard of indigo duck, they are an Australian blues band who my parents are actually friends with!)
Title: Re: How Can I do this Without Being Sued?
Post by: Assassino13 on September 20, 2012, 08:27:39 PM
How Old are you?

you actually know these names.
you don't want to make a "Rock 'N Roll" deck with Chris Brown or somebody from Nickleback in it !?!

I think it must be raining, because there are tears running down my nose.
there is hope for this next generation yet.

I've said it many times before, but Levi acts way older for his age than most people I know. The dude is going places. :P

Thank's guys, it means a lot to hear that from you guys. I say this everywhere I go, but classic rock (more so then current rock) is, and always will be the greatest genre of all time. I can't stand dubstep, and I hate 95% of all rap music, and I feel rock is a genre that everyone can relate to.

And Utterfool, if you like that, you will love my possible ideas for the rest of the court cards. While I know some of these aren't necessarily "rock" groups/artists, I feel they fit in quite well.

P.S I only wanted to choose people that could be recognized without explanation, that also had an influence in rock in general.

Kings:
Elvis Presley
Michael Jackson
Freddie Mercury
Gene Simmons
Mick Jagger
Curt Cobain
(Yes, I know I have six. i haven't decided which to use yet)

Queens:
Madonna
Janis Joplin
Joan Jett
Pat Benatar

Jacks:
Paul McCartney
John Lennon
George Harrison
Ringo Starr
-All in their Sgt. Pepper's outfits.

P.S. Nickleback would make an awesome joker  ;)
Just me here, but Classical music period is the best genre. Classical rock is good, but violins, cellos, pianos, and the like really make the best music.