"BART's logo is not in the public domain, and even local T-shirt artists who glean BART imagery do so at their own legal peril. But, in claiming it can clamp down on moviemakers' First Amendment rights, BART is taking things rather far indeed, says UC Hastings law professor Ben Depoorter.
"Movies are commercial — but they have a lot of free speech purposes," he says. "If I were making a Saturday Night Live sketch about BART, what they're saying is I would have to ask permission? No, that would quell free speech. ... There's no potential for confusion. It's not like the movie is selling BART-related goods.""
- Date Published:06/04/2014
- Original Publication:SF Weekly