One, I read that article, and you didn't bother applying context to it (and you tried to be slick), so I will for those who read this.
Secondly, I assume you haven't been inside the Roman Colosseum. It has 3 seating levels. There is no '4th' floor, starting from the base seating level. You're confused by the windows on the top, the same windows Pula Arena in Croatia has. Both the Pula and Colosseum have the same number of floors.
You're opening sentence completely contradicts what you're trying to assert. I call my token the Coliseum? Check. On my website, I say welcome to the Coliseum? Check.
.....But somehow, this explicitly relates to the
Colosseum? When I just proved to you Coliseum is a name for amphitheater structures? And structural damage is not unique. The Colosseum doesn't have a monopoly on floor damage.
What's baffling to me is you keep saying I'm making a name to image correlation with the Roman Colosseum, although you clearly admitted that I'm using Coliseum. And then telling me I'm wrong for using Coliseum! Like, you're trying to
get me to use Colosseum. As if it won't make sense in your head until I completely reference the Roman Colosseum explicitly.
The point of my argument was refuting the idea that the Roman Colosseum is equivalent to a Nike, or Apple logo.
It's not even a brand. You just making a false equivocation to bolster your point.
Yes, I've been to the Colosseum. Up and down, inside and out when I was stationed in Italy. Have you?
Whether I sincerely based my drawing on a generic amphitheatre or not isn't a burden I need to prove. That's your job. You're making the claim I'm 'infringing' on the Colosseum likeness (there's that word again--likeness). And you already struck out with the floors argument. The surviving amphitheaters are all damaged in some form, that's not unique.
You must not know what 'disingenuous' means, because you give a classic example:
That article you posted doesn't substantiate your ludicrous claim that a shoe company paid Italy $28 million to use images of the Colosseum on it's shoes. First of all, Italy needed funding to repair the Amphitheatre. A luxury brand owner stepped up and offered to cover the repair costs. As part of the deal to provide funding, he wants his brand logo all over the entry tickets (might have been on them when I went there). He wanted billboards put up in the corridors. He wanted to use the influx of visitors to get exposure to his brand. This extended to his products. Shoes, bags, perfume.
No shoe company went to Italy and said 'hey can we use the image of the Roman colosseum on our shoes?' and Italy said 'Sure, That'll be $28 million'.
It was
Italy who sought help. An opportunistic business man answered the call.
You keep using the word 'likeness', although that term doesn't exist anywhere in the article. And that's important for you because you know that the term 'likeness' can include drawings. They're talking about photographs, and video.
Volkswagen were trying to film within the Colosseum. Use the footage in its commercials. The Italian authorities deferred to the billionaire, only because he secured exclusive rights to the explicit images of the Colosseum. This would include motion picture.
There's evidence to suggest this billionaire goes around offering to repair historical sites, so he can apply his brand in the wake.
I think you're wrong no matter which path we go down. So for the sake of argument, let's assume I was basing my artwork on the Colosseum.
The issue referenced in the article are real-world, explicable photos/videos of the Roman Colosseum. You're trying to equate that to an artist making a creative interpretation of the Colosseum. If what you say is true, that even for drawing a depiction of the roman colosseum, you're subject to a multi-million dollar licensing fee, then explain all these royalty-free images available for
purchase on websites across the internet:
Colosseum Stock Illustrations – 4,993 Colosseum Stock Illustrations, Vectors & Clipart - Dreamstime
Colosseum logo Stock Photos, Illustrations and Vector Art | Depositphotos®
Colosseum Logo Images, Stock Photos & Vectors | Shutterstock
These are being
sold by the artists. Unless you are going to really sit here and make the claim that every artist on the web paid Italy licensing fees to draw their colosseum, you make no sense at all and talking out your ass.
What about Spartans? Is that 'likeness' protected too? They're unique to Greece. If so, better call up football teams across America and tell them Greece wants their money. What about the Pyramids in Egypt and Peru? I need a license to draw those? What about the rosetta stone? Stonehenge?
You're trying so hard to tie a uniquely, distinct commercial brand design to an artist drawing the Colosseum---an amphitheatre. If every artist out there right now selling their logo design of the Colosseum paid millions of dollars to sell it, they wouldn't need to sell it.
I don't assume this will be the last reply I get from you, so when you do reply, answer the questions I gave.
Your smug attitude is the reason I reject your advice, outside the fact you're wrong.
