Copyright Infringement Question

[Picture Bute]

I have a friend (yes, really !) who does humorous illustrations and sells them via various online platforms and through a couple of shops (mine included).

She had a picture in an online platform (i think it's probably etsy) and received a copyright infringement notice from etsy and had a couple of items removed.

The illustrations in question were humanised illustrations of animals and one was holding a can of a well known Scottish soft drink (not a real one, an illustration of one). The item was a very very small part of the picture, making up less than 2% of the area total illustration.

Can someone who knows about these things advise if this is really a copyright infringement ? You can't draw or paint something that is recognisable as a brand ?

 

[Porky]

In short, Yes it's a copyright infringement. Big brands can be ruthless in protecting brands, they employ teams JUST to protect the brand. If she has a C&D Issued probably better to withdraw. Nothing to stop her contacting them and asking permission to draw?

Only big similarity i can think.of is Andy Warhol painting Cambells soup cans. He did that originally without permission and they objected. They later gave him permission (was a financial cut/ royalty agreed, I don't know) but they later commissioned him to do more.

Andy The Appropriator: The Copyright Battles You Won’t Hear About at The Whitney’s Warhol Exhibit | The Columbia Journal of Law & the Arts

journals.library.columbia.edu

So all is not totally lost you never know but if it's only a small part of the drawing no harm in her asking them for permission. Maybe she will be the next Andy Warhol