Copyright Law vs Provenance

[marke]

I wasn't sure where to post this, please refer me elsewhere if this has been dealt with before. I will be intentionally vague. I recently imported into the US an open wheel racer that is now 20 years old. (I'm used to dealing with cars far older.) For the first 5 years of its life it was involved with a pro team sponsored by a still active multinational company. It was worked on and driven by several people later involved with F1. When retired, it was bought by a suspension technician of the associated F1 team and driven for several years as an amateur, successfully. It then was sold to a "private citizen" who did not change any of the original livery other than driver name and car #. He never had any problem with doing so, but this wasn't the USA.

I now have the car, nicely sorted and remarkably never seriously wrecked. It still has the livery of the original sponsor. I made the mistake of anonymously asking the company if this was ok, but got an obvious computer-generated response that they don't allow use of their logos unless they own the property. Never got a human to talk to.

No one would suggest taking the Gulf stickers off a 917 or STP stickers off an Indy turbine car, so obviously there has to be a point where this no longer matters. I think the livery will add to the car's historic value over time (and it will be vintage shortly).

Does anyone know the rules about this? Am I breaking the law driving his car as-is?

Thanks

[Daryl DeArman]

You have fair use of logos without permission as long as it doesn't cause consumer confusion with regards to ownership or endorsement.

If it were me I wouldn't worry about it unless you receive a cease and desist letter from the corporation(s)' legal department.

Then you could always just add some vinyl lettering in really small font that read "not owned or endorsed by..." or the larger letters that read "sucks" after each logo. Depending upon your mood. There will be no confusion about their endorsement and logo use when complaining about a company is "fair use".




- not a lawyer, nor did I stay at the holiday inn last night.

[marke]

Thanks. It seemed to me that since I'm receiving no financial benefit and Lord knows no one is paying to watch me drive that it wouldn't much matter- I suppose I could be accused of degrading their image but at some point old cars become more about their past than their future- certainly how I feel walking through the paddock at an SVRA event


Sent from my iPhone using Tapatalk

[phantomjock]

If that is all cleared up -- How about a picture?

Cheers - Jim

[marke]

I believe you'll get the gist- previous owner driving

[Charles Warner]

Permission . . . . . versus . . . . . . .Forgiveness.

For Red Bull to raise a sh*t-storm over this would be highly unlikely, especially as it shows their dedication and long-standing involvement in our sport.

Of course, you could also offer it to them for an obscene amount of money.