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Author Topic: Using Logos - legal?  (Read 5976 times)

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« on: July 18, 2011, 07:56 »
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Do you need permission to use logos from Facebook, Twitter, Youtube, etc in your stock?

I have some ideas illustrating social and media networking and I want to include the logos that everyone is familiar with.


« Reply #1 on: July 18, 2011, 08:00 »
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Of course you're not allowed to use trademarks (logos) in licensed for commercial use stock. 

However, you can for editorial use.

« Reply #2 on: July 18, 2011, 08:05 »
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I know it sounds like a stupid question but I was sure it was not legal until I searched it on shutterstock.

http://www.shutterstock.com/cat.mhtml?searchterm=facebook&x=0&y=0&search_group=&lang=en&search_source=search_form

« Reply #3 on: July 18, 2011, 08:10 »
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I know it sounds like a stupid question but I was sure it was not legal until I searched it on shutterstock.

http://www.shutterstock.com/cat.mhtml?searchterm=facebook&x=0&y=0&search_group=&lang=en&search_source=search_form


Well the images where the facebook-website is visible are marked "editorial use only", and in the others (like the woman in front of the laptop) the keyword "facebook" simply shouldn't have been included.

« Reply #4 on: July 18, 2011, 08:14 »
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Short and sweet. Thanks for clearing that up for me.

helix7

« Reply #5 on: July 18, 2011, 10:02 »
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While you can't use the trademarked logos in stock, you can use icons that hint at connections to social media companies. This set of social media icons was accepted at most agencies, and while you can pretty easily tell which icons are representative of twitter and facebook, they are effective without using the trademarked logos themselves.

So if you were thinking about an illustration that depicted the twitter bird for example, just design your own bird image instead of using twitter's.

« Reply #6 on: July 20, 2011, 06:01 »
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Nope , no one is allowed to do so !!  :'(

Microbius

« Reply #7 on: July 20, 2011, 07:07 »
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Well the images where the facebook-website is visible are marked "editorial use only", and in the others (like the woman in front of the laptop) the keyword "facebook" simply shouldn't have been included.

I really struggle to understand how stock libraries are allowed to sell images of trademarked logos.
I can understand that it is legal to use the images for editorial use, but the actual stock library isn't using it as editorial, it is making money through the sale of trademarked content to a third party who will use it for editorial use.
So although if everything goes to plan the use by the final customer will be editorial, the agency as the middle man has just sold a product based on the trademarked logo and profited from it in a non-editorial capacity. Can anyone actually point to legal guidance on this, I'd love to be able to get a more concrete grasp on the issues involved.

digitalexpressionimages

« Reply #8 on: July 20, 2011, 07:40 »
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Well the images where the facebook-website is visible are marked "editorial use only", and in the others (like the woman in front of the laptop) the keyword "facebook" simply shouldn't have been included.

I really struggle to understand how stock libraries are allowed to sell images of trademarked logos.
I can understand that it is legal to use the images for editorial use, but the actual stock library isn't using it as editorial, it is making money through the sale of trademarked content to a third party who will use it for editorial use.
So although if everything goes to plan the use by the final customer will be editorial, the agency as the middle man has just sold a product based on the trademarked logo and profited from it in a non-editorial capacity. Can anyone actually point to legal guidance on this, I'd love to be able to get a more concrete grasp on the issues involved.

That's a good point. Technically it should not be permitted for a third party (stock agency) to sell, even for editorial use, trademarked material without paying a fee to the trademark owner. If anyone from the legal department of Facebook peruses this forum you may have given them an idea.

Microbius

« Reply #9 on: July 20, 2011, 08:29 »
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That's a good point. Technically it should not be permitted for a third party (stock agency) to sell, even for editorial use, trademarked material without paying a fee to the trademark owner. If anyone from the legal department of Facebook peruses this forum you may have given them an idea.

It's a weird oversight that isn't really talked about isn't it?
It's worse on sites selling 3D models where half the content seems to be trademarked or copyright material (like superheros etc.).
Again, the sites can say that the people who buy them will be using them for editorial use, but the sale to the sites customer can't be seen as editorial in any way. The middle man is making money directly from selling other people's intellectual property.
Imaging now that it isn't a 3D model you are selling but an actual real world model of a super hero (e.g. a toy), what's the difference, would it matter if the buyer said that they will be using it for editorial use? I doubt DC or Marvel would see it as acceptable. What if you don't sell a real world model, but sell the 3D software version to someone who has a 3D printer and runs off a toy/ model from the file? Would that be legal? would it matter if the use was editorial or not? I don't know, but it would be good to read what the law has to say about this sort of thing.

RacePhoto

« Reply #10 on: July 20, 2011, 12:32 »
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I think you are carrying this back too far. Otherwise no one would be able to sell anything, because it has logos or trademarks on it. The action of selling something for use is not the same and using the item for commercial purposes.

Also the point some people are trying to get at, is using the logo as a subject or major part of something, is different than incidental appearance of something in a photo. ALthough that can be a sticky debating point.

Example, no models could wear any clothes, shoes, carry a purse, pen, computer, or any props, except hand made items, because everything is made by and sold by some company?  :o You can't take a picture of anything, because everything is made by someone, except trees and flowers. And the dumbfarts at the National Trust seem to think they can restrict photography of an entire mountain in Australia, and they didn't make it! ;)

No we can't make prominent use of logos, trademarks, and sometimes trademarked colors on specific items. Buildings, it depends, where you are standing and when it was designed and built. Can't use people without a model release, but some dogs and animals are protected also. So you can shoot your pet dog or cute house cat, but if you shoot Rin Tin Tin or a pedigreed horse (or cat), the famous identity is protected. Private zoo animals are protected and identifiable., public zoo animals shouldn't be. Depends on who's financing the zoo.

What I'm getting at, is one easy answer doesn't cover everything and to over simplify, when ever case has conditions and situations, doesn't work.

The agency selling an Editorial shot needs to have the right to market them, or we'd have no supply chain for anything. That's different than using the item in the publications or other public display.



Well the images where the facebook-website is visible are marked "editorial use only", and in the others (like the woman in front of the laptop) the keyword "facebook" simply shouldn't have been included.

I really struggle to understand how stock libraries are allowed to sell images of trademarked logos.
I can understand that it is legal to use the images for editorial use, but the actual stock library isn't using it as editorial, it is making money through the sale of trademarked content to a third party who will use it for editorial use.
So although if everything goes to plan the use by the final customer will be editorial, the agency as the middle man has just sold a product based on the trademarked logo and profited from it in a non-editorial capacity. Can anyone actually point to legal guidance on this, I'd love to be able to get a more concrete grasp on the issues involved.

« Reply #11 on: July 20, 2011, 12:42 »
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I think you are carrying this back too far. Otherwise no one would be able to sell anything, because it has logos or trademarks on it. The action of selling something for use is not the same and using the item for commercial purposes.

Exactly.  You are allowed to sell imagery of anything you like (well, almost).  I could sell art images of iPhones all day long from my website if I wanted to.  It is the usage that becomes sticky.

digitalexpressionimages

« Reply #12 on: July 20, 2011, 15:24 »
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Saying you can't take photos of people in clothing because someone else made the clothing is definitely taking it too far. I see the point being made: if the purpose of not allowing trademarks in commercial RF is to prevent third parties from profiting off someone else's copyright protected (intellectual) property then the agency itself should first have to license the content of the photo from the trademark owner because, wait for it now, the agency is in fact profiting by selling it in the first place even if the usage is editorial in nature. In other words they are violating their own policy by selling someone else's property and keeping the money. You would think they would have to pass on a portion of the sale proceeds to the trademark owner in that case.

It's the reason I shy away from editorial.

Microbius

« Reply #13 on: July 21, 2011, 03:29 »
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I think you are carrying this back too far. Otherwise no one would be able to sell anything, because it has logos or trademarks on it. The action of selling something for use is not the same and using the item for commercial purposes.

Exactly.  You are allowed to sell imagery of anything you like (well, almost).  I could sell art images of iPhones all day long from my website if I wanted to.  It is the usage that becomes sticky.

I appreciate that it's the usage that's the issue, what I'm saying is that if you are selling the image that is also a usage in itself, and not an editorial one.
Could I sell your images under my name as editorial? If not why not? It is less blurred if we take a photo of an iPhone as an example because the agency isn't producing and selling iPhones, just images of them. It is less easy to tell where the line is drawn with trademarked figures, like superheroes or with logos, where the agency is actually selling the intellectual property that is trademarked. It is the intangible likeness that is protected, and it is this that the middle men (like ourselves and the agencies) are dealing in.


 

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