QUESTION

Is it legal to sell my art if I used some emoticons in it?

Asked on Apr 30th, 2014 on Entertainment Law - Nebraska
More details to this question:
It's not entirely made of iPhone emojis; just partially, mixed with my own sketches.
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2 ANSWERS

Susan Marie Basko
If the art can be considered fine art it might meet the requirements for Fair Use under Copyright law. To be considered Fine Art in this context, it might need to be a single original work of art. Think of the Andy Warhol paintings of Campbell Soup cans. If you need a further examination of whether your art might violate copyright or trademark, please discuss with a lawyer.
Answered on May 01st, 2014 at 4:11 AM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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There shouldn't be a problem with using them in a work of art. They're just another form of fonts which can't be copyrighted, they're not trade or service marks, and art is usually considered a protected form of speech.
Answered on Apr 30th, 2014 at 10:42 AM

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