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| quote: | Originally posted by junkproject
DP doesn't need to do anything, the people protecting their IP aka the record label should be handling something like this. As long as they just play dp tracks that's fine. Once you start using helmet\art\design\logos\etc you can get sued. |
I would actually argue that playing entirely their music at the club is against the law. It isn't even remotely in the realm of copyright fair use, unless they have permission from the record label to do so.
You are definitely right that their likeness is an open and shut case. I'd say their flier is infringing on their likeness.
In any case, there are multiple potential infringements going on (likeness on the flier, likeness in the show, (non)-fair use of copyrighted materials, trademark infringement). Copyright, trademark, and IP law are all being infringed here. (Now if they try to replicate the helments they may also be infringing on a patent, but even if they design helmets on their own for this show, they are infringing on IP law likeness)
I'd say the only reason they haven't been sued yet is either 1) DP's record label hasn't seen this, 2) they are still filing paperwork, or 3) we just haven't heard about them being sued and/or a cease and desist order
I don't think I'd normally care about some major artist getting ripped off in some small fashion, but this is the most obvious illegal promotion i have EVER seen in the EDM community.
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