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AndrewHenke

Use Batman slapping Robin image on flyer?

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Hello. I am a new small business owner. I own a violin shop. I am making a flyer to be handed out at local schools at the start of next school year. I would like to use the "Batman slapping Robin" image as part of the flyer, but my partner Ron said I should make sure I am allowed to use it first.

 

The attached image is the back of the flyer.

 

Any help is appreciated! Thanks!

Ronald Sachs Flyer General Use 2019-2020 (back) 05.jpg

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Both the characters Batman and Robin are trademarks of DC Comics and likely also Warner Bros. Studios, which does the DC comics films. In addition to that, if the image you are using is not one you created yourself then you have a copyright problem, too, as the creator of the image (or whomever the creator transferred the rights to) holds a copyright in it. If you use trademarks or material protected by copyright without permission of the holders of those rights for this ad you are infringing on their rights and are inviting could be a very costly lawsuit against you. DC comics and Warner Bros both are very protective of their trademarks and copyrights and should they learn of what you did you can bet you will hear from them. With that in mind, before you use this image I suggest you contact all the trademark and copyright holders involved and secure a license to use the image. My guess is they won't agree to that, but if they do it likely will not be cheap. I think all around it would simply be better for you to omit the Batman and Robin image from the ad. That eliminates any infringement problems and, besides, IMO the image doesn't fit very well with the rest of the ad, which has a very different look and tone to it.

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10 hours ago, adjusterjack said:

You could get your butt sued back into the stone age just for posting that flyer on this site.

 

I disagree with that. I think that the fair use doctrine might well cover this particular publication of the work. He's posting not for a commercial purpose but as an example to get commentary and feedback on whether the use of the image would be a problem. But certainly using the image on flyers for advertising would be infringement.

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Andrew, speaking as a consumer rather than a legal perspective, the Batman slapping Robin image would have the opposite effect on me than I think you imagine - I would be discouraged from using your shop with that image on your flyer. I would be more inclined to visit your shop or use your services without that image on it.

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Using that image would be blatant trademark infringement, but you aren't going to "get your butt sued back into the stone age" -- even if you actually use the flyer.  What will happen, however, is that you'll get a cease and desist letter (while I agree with "Tax_Counsel's" comment, your posting the flyer here may well generate the C&D letter).  If, after receipt of that letter, you don't remove the infringing image, that is when you'll get sued.

 

As a parent of a band kid (and a lifelong musician), I agree with "cbg" that this image will only detract from your business because it implies a lack of seriousness, and its tone runs contrary to the rest of the flyer.  Without that part, it's a good flyer.

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8 hours ago, pg1067 said:

As a parent of a band kid (and a lifelong musician), I agree with "cbg" that this image will only detract from your business because it implies a lack of seriousness, and its tone runs contrary to the rest of the flyer.  Without that part, it's a good flyer.

 

That's what I meant too when I said the image doesn't fit well with the rest of the flyer, and I agree that without it the flyer is rather nice.

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35 minutes ago, AndrewHenke said:

Hello everyone! Thank you so much for all the feedback!

 

It looks like I'll have to think of something else eye-catching for that part of the flyer.

 

Thanks again, everyone!

Just from a design point of view, something cartoon like doesn't go with the overall design of the card.

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