The legal aspects of Motorsport Art

[Obizzz]

It's pretty hard to make motorport art depicting historical events without having actual brands in your art. What are the legal implications of this?

Am I even technically allowed to sell art depicting a Porsche, BMW or any other brand without actually paying licensing fees to said copyrights holder?

What are your thoughts and experiences on this?

Might as well include photo prints in the topic as well.

[Miguel]

Regarding photography, everyone at the race track agrees one way or another to be photographed. It's on the ticket, in the waiver, in the media advisory, etc.

[grantp]

Potentially you are giving companies free advertising - why should they complain?

If you were to use their copyright as a direct and intentional design to advertise something else that they have not authorised that would probably be a different situation if they have concerns - but for general artwork or photographic scenes I think few would object.

In the historic racing world many owners are keen to to make their cars look as close to the liveries raced in period as they can manage, so long as they do now contravene national laws (Tobacco advertising for example).

In some cases the original sponsors, if they still exist, are supportive of the activity and may even help out with stickers and designs and sometimes clothing if they recognise that the owner is serious about maintaining standards. If reflects well on their brand and may reinforce an image that has lasted for several decades. Very cheap long term promotions!

[BertMk2]

Originally Posted by Miguel

Regarding photography, everyone at the race track agrees one way or another to be photographed. It's on the ticket, in the waiver, in the media advisory, etc.

Also the conditions of entry usually say that the copyright of any photos taken at an event belong to the circuit or promoter (usually stated on the ticket). So only those with written approval from the circuit (or promoter) can sell photographs of an event.