Use of logos - does copyright allow this?

[Cobra]

Just wondering, I want to use a few logos (such as Intel and AMD) in a site I'm building. It's not necessary, but it would probably make it a little more colourful.

My question is: does this infringe on copyright?

Thanks,

Cobra

[Rookie64]

It depends what you're doing with the logos on the site.

In most cases, it's violation of trademark laws, which seems to be taken a lot more seriously than copyright laws...meaning a company would more likely take action against sites or merchandise using their logos.

It would be a good idea to seek permission from each company first.


Thousands of sites are in violation of copyright that use images and even text.
You can maybe use fair use as a defense, if your site has content, and in some way reviews or uses commentary to describe the copyrighted work.
Even the avatar you use here can get you into legal trouble - if the owner of the copyright has a problem with it.
And yea, it's just as illegal to download or save pics as it is to download music or movies - something just about everyone here is guilty of
So basically, you're at your own risk.

[pyscrow]

Yep its not a violation of copyright, but a violation of trademark. You'll hear from em pretty quick!

[Cobra]

Yeah, I thought so. I'll e-mail each company and request permission to decorate my site!

Cobra

[lordsmurf]

Actually, you can legally save a personal copy of an image to your computer. The Internet is published material. It's technically the same as cutting an article out of the newspaper or a photo out of a magazine.

As far as trademark goes, they'll never respond to your e-mails. You can use the image, and as long as it's allowable reasonable use, they won't really care. They won't sue you ... most any of them do is send a C&D because it's much cheaper and normally just as effective .... and that's ASSUMING they are allowed to sue you. Read on..

Again, this is published material. There is not anything illegal about posting information and photos about a product. If I decide to run articles on my site about products, and I use photos of the images (taken myself, that's important) and scan in their logo, there is NOTHING they can do about it. It's within my rights as a journalist, and is called "fair comment and criticism" and is indeed covered under fair use exclusions as it applies to trademarks and/or copyrights.

Infringing on a trademark is limited in its scope. If a normal person thinks you are that company, you have an issue. What you are referring to is not within the limited scope of trademark protections. There are also clauses for dilution, which again, you're not going into.

I recently looked into some of this again.

It's pretty complex. I'm going off my college journalism education here, and we went over online material many times. While a few details may be off, I'm pretty sure I've got a good grasp of the foundation of the arguments.

Short answer: You're fine. Use the images.

[Cobra]

lordsmurf,

Thanks for all the information.

I'll tell you exactly what I'm using it for. My overclocking guide needs a good old overhaul, and instead of a plain text hyperlink I'm going to have the company logo for users to click. It just adds a little interest.

Thanks again,

Cobra

[lordsmurf]

lordsmurf,

Thanks for all the information.

I'll tell you exactly what I'm using it for. My overclocking guide needs a good old overhaul, and instead of a plain text hyperlink I'm going to have the company logo for users to click. It just adds a little interest.

Thanks again,

Cobra

This usage can be argued both ways. What I can say is I've never heard of anybody being sued over it. You're linking to their site. Common sense would say it's free advertising for them.

Some companies have tried to say you cannot link to their site. That case was in court when I was in college some years back. At least I think it was, my memory isn't so good anymore. Anyway, they lost that case. It was stupid anyway.

[Guest]

I've seen clip art cdroms for sale that only contain corporate logos

http://www.beacongraphics.com/corplogo.html

how does this work

[aero]

I've seen clip art cdroms for sale that only contain corporate logos
http://www.beacongraphics.com/corplogo.html
how does this work

They are not sellig you any permission to publish the logos. they can't.

As far as the general question it depends. If you are implying a relationship, association or endorsmenent that does not exist you would have a problem.

If you are diluting the mark you also definately have a problem.

[Guest]

I've seen clip art cdroms for sale that only contain corporate logos
http://www.beacongraphics.com/corplogo.html
how does this work

They are not sellig you any permission to publish the logos. they can't.

As far as the general question it depends. If you are implying a relationship, association or endorsmenent that does not exist you would have a problem.

If you are diluting the mark you also definately have a problem.

So,are these compamies selling the logos illegally?They are using a company name to make money

[aero]

I've seen clip art cdroms for sale that only contain corporate logos
http://www.beacongraphics.com/corplogo.html
how does this work

They are not sellig you any permission to publish the logos. they can't.

As far as the general question it depends. If you are implying a relationship, association or endorsmenent that does not exist you would have a problem.

If you are diluting the mark you also definately have a problem.

So,are these compamies selling the logos illegally?They are using a company name to make money

I don't understand you. you seem to be confusing cpyright and trademark. a compendium of logos or any trademark which might include exxon logo and does not imply that one is exxon, or is endorsed by exxon, or in business with exxon. It doesnt dilutes either.
A book of photographs of fast food resteruants including the mcdonalds arch does not imply a relationship to mcdonalds. by publishing such a book you are using their trademarks (indeed my writing the word mcdonands is a use of their trademerk) but doing nothing illegal and you have no need to ask permission or offer payment even if your action is for profit. a mcdonalds arch on your resteraunt would be a violation. trademark is diffrent than copyright use.
the legal tipping point of a trademark depends on its use. Microsoft's competitors can use microsofts trademarked name and logos in their publications without asking, it just depends what they are saying. they cannot use their code or any material microsoft has copywritten.

.

[Guest]

I've seen clip art cdroms for sale that only contain corporate logos
http://www.beacongraphics.com/corplogo.html
how does this work

They are not sellig you any permission to publish the logos. they can't.

As far as the general question it depends. If you are implying a relationship, association or endorsmenent that does not exist you would have a problem.

If you are diluting the mark you also definately have a problem.

So,are these compamies selling the logos illegally?They are using a company name to make money

I don't understand you. you seem to be confusing cpyright and trademark. a compendium of logos or any trademark which might include exxon logo and does not imply that one is exxon, or is endorsed by exxon, or in business with exxon. It doesnt dilutes either.
A book of photographs of fast food resteruants including the mcdonalds arch does not imply a relationship to mcdonalds. by publishing such a book you are using their trademarks (indeed my writing the word mcdonands is a use of their trademerk) but doing nothing illegal and you have no need to ask permission or offer payment even if your action is for profit. a mcdonalds arch on your resteraunt would be a violation. trademark is diffrent than copyright use.
the legal tipping point of a trademark depends on its use. Microsoft's competitors can use microsofts trademarked name and logos in their publications without asking, it just depends what they are saying. they cannot use their code or any material microsoft has copywritten.

.

All I'm wondering is if these clip art discs are dubious? They are obviously being marketed for reuse. What if u had a site using mcdonalds tm gif to link to their website or for your "favorite restaurant" list. Could they pursue legal action?What if u are selling your AMD computer online? Could u use their logo in your ad?

[pacmania_2001]

Make it perfectly clear that your site isn't associated with the companies and that all images are registered trademarks of their respective owners. If you aren't using their logos in a defamatory way or to pass yourself off as them then you shouldn't have a problem.

As for McDonalds, they have a very good network of online investigators and are very lawsuit happy when it comes to protecting their trademarks.

[Capmaster]

I use an app called Arts & Letters that has an extensive clip-art facility built-in. This includes lots of logos:


I just assumed that logos can be used freely unless you make money off them. Then the owners have a legitimate gripe.

[Guest]

So, back to the original post. These computer logos could be used on cobra's site. Right?

[pacmania_2001]

As long as he has a disclaimer saying that he isn't associated with the companies and that he acknowledges the trademark I think he won't have a problem with the companies.

[Cobra]

Thanks for all the advice, guys. I have done what pacmania said and I have acknowledged AMD, Intel and Coolermaster for the use of their materials on my site. If they object I will remove the offending material for them, no problems.

You can check out my site, the link is in my signature.

Thanks again,

Cobra