Copyrights and Business Cards

[toolnard]

Hey all,

So I've been working on a business card, and I was wondering what I am legally allowed to put on it. I'd like to include a picture of myself holding some cards (or a deck of cards), but I don't know if this is legal. Am I allowed to use a picture of me holding Bicycle cards? What about a custom deck from Theory 11 or Ellusionist?

Thanks for the insight.

 

[RickEverhart]

I know many people who hold cards in promo shots and such. Most of the time they have them in a nice fan with the faces out so it doesn't even matter what the backs look like.

 

[toolnard]

Yeah I have seen a few of those. So that's legal then? What I held the ace of spades from a Bicycle deck? That's pretty recognizable, and also has Bicycle written on it.

 

[RealityOne]

Hey all,

So I've been working on a business card, and I was wondering what I am legally allowed to put on it. I'd like to include a picture of myself holding some cards (or a deck of cards), but I don't know if this is legal. Am I allowed to use a picture of me holding Bicycle cards? What about a custom deck from Theory 11 or Ellusionist?

Thanks for the insight.

Bicycle card designs (back, joker, Bicycle logo, etc.) are trademarked, not copyrighted. A trademark is used to identify goods that are sold. To the extent you are not selling goods using the Bicycle trademark in the pictures, it would not be a violation of Bicycle's trademark. Compare that with making Humongous cards (the size of a person) with the Bicycle back and selling them... that would violate the trademark because you are using the mark (the back design) to sell the product. I think the same would be true of the designs of T11's or E's cards.

The other marks, such as T11 and E's logos are more problematic because those logos are used on products other then decks of cards. So you couldn't put the T11 or E logo on your promotion picture because it would appear to be using those marks to sell your services (of course, it wouldn't do you any good because anyone who is not a magician wouldn't recognize those logos).