Star Trek Mural Copyright

Summary

The artist is planning to paint a Star Trek-themed mural on a private property in Reno, Nevada. The mural is transformative, not a direct copy of Star Trek elements, and is not intended for commercial use. The artist is not planning to sell prints or any other items associated with the mural. The mural will be visible from a nearby street but is not in a very busy area. The artist is aware of the concept of Fair Use in copyright law and is willing to cease and desist if they receive a letter from the copyright holder.

Full Conversation

I was asked to do a star trek themed mural and i want to know if I need permission to complete it.
Are you planning to use specific characters or logos from Star Trek in your mural?
I wanted to include the ship, and several enemy ships
Do you plan to sell this mural or is it for personal use? Generally, using copyrighted material for commercial purposes requires permission from the copyright holder.
I would be paid to complete the mural, but i would not be selling any prints or anything else associated with it
What is the location of the mural? This will help determine the jurisdiction and relevant copyright laws.
It would be on an electrical box on private property, visible from a nearby street
Are you aware if the property owner has any objections to the mural? Generally, it's important to get permission from the property owner before starting any work.
They want the mural, but are worried about copyright infringement
What state is the mural going to be in? This will help me provide you with the specific copyright laws for that location.
Nevada
What city in Nevada is the mural going to be in?
Reno
What is the size of the mural? This can affect whether it's considered a fair use under copyright law.
The box is about 5x4 ft on the most visible side
What is the nature of the property where the mural will be placed? Is it a residential or commercial property?
A IT buisness
What is the name of the business where the mural will be placed?
Lmi
What is the full name and address of the business? This will help me provide you with the specific copyright laws for that location.
* meadowood lane
What is the full name of the business located at * Meadowood Lane?
Lockwood moore
What is the nature of the artwork? Is it transformative or a direct copy of Star Trek elements?
Transformative elements, a battle scene in space invoving the Borg and the Enterprise
Are you planning to use any direct quotes or dialogue from the Star Trek series in your mural?
No
Are you planning to credit Star Trek or its creators in your mural?
Im not sure i could, maybe by including the logo but that seems more infringing
Including the logo could indeed be seen as more infringing. Are you planning to profit from this mural beyond the initial payment for its creation?
No
What is the name of the copyright holder for Star Trek?
I think paramount owns the copyright
What is the purpose of the mural? Is it for advertising or purely decorative?
It is purely decorative
What is the visibility of the mural from public spaces? This could impact whether it's considered a public display, which can affect copyright considerations.
People who drive by could see it. Its not a very busy area
What is the expected duration of the mural's display?
Years
What is the expected lifespan of the mural?
I'm not sure. Basically forever
What is the nature of the agreement between you and the property owner regarding the mural?
I would be paid $* to paint the mural. And then probably never talk to them again.
What is the agreement between you and the property owner regarding the copyright of the mural?
There isnt one
What is the agreement between you and the property owner regarding the maintenance and potential removal of the mural?
We havent made any agreements really. But its theirs to do what they wish. They could paint over it next week, its their property
What is the agreement between you and the property owner regarding the use of copyrighted material in the mural?
There is none
What is your understanding of copyright laws and fair use?
Very little
What is your understanding of the concept of "Fair Use" in copyright law?
As long as its transformitive its fair use
Are you aware that even if a work is transformative, it can still infringe copyright if it uses a substantial amount of the original work?
Yes
What is your plan if Paramount or any other copyright holder objects to your mural?
How would they know? And would they care?
What is the visibility of the mural to the public? If it's highly visible, there's a higher chance that the copyright holder might notice and object.
Not very visible. And if a paramount executive is driving around the industrial buisness areas of Reno, I'd be shocked
What is your plan if you receive a cease and desist letter from Paramount or any other copyright holder?
I would cease and desist
What is your plan for obtaining permission from Paramount, the copyright holder, to use Star Trek elements in your mural?