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Author Topic: Using a stock vector as a logo?  (Read 17936 times)

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« on: March 13, 2013, 08:32 »
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Just curious, I found that a small restaurant in Gothenburg Sweden is using one of my designs as their logo (with very slight modifications). Is this usage considered ok?

My image:



Their logo:



I do not think this image has ever been sold with any extended license.


« Reply #1 on: March 13, 2013, 08:56 »
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« Last Edit: May 12, 2014, 15:56 by Audi 5000 »

« Reply #2 on: March 13, 2013, 08:58 »
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Where did they license it from?   AFAIK that is not allowed by an agency.

I have no idea where they got it. I sell at FT, DT, 123RF, SS, DP, CanStockPhoto, and BS.


« Reply #3 on: March 13, 2013, 09:01 »
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« Last Edit: May 12, 2014, 15:56 by Audi 5000 »

ShadySue

  • There is a crack in everything
« Reply #4 on: March 13, 2013, 09:02 »
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Where did they license it from?   AFAIK that is not allowed by an agency.

I have no idea where they got it. I sell at FT, DT, 123RF, SS, DP, CanStockPhoto, and BS.
You'll need to read the terms of use from each agency which has licensed the image to see if any allow logos as a use. If none of them allow logo use, your case is clear. If one or more allow this use, you need to find out from where they purchased it.

^^^ and Partner sites, if applicable, like ts said. (crossed in posting)

« Reply #5 on: March 13, 2013, 09:02 »
0
Where did they license it from?   AFAIK that is not allowed by an agency.

I have no idea where they got it. I sell at FT, DT, 123RF, SS, DP, CanStockPhoto, and BS.

I believe your only option is really to contact them, perhaps not as a stock artist but just for curiosity (is there any site selling logos?), then you will see what to do

« Reply #6 on: March 13, 2013, 09:05 »
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« Last Edit: May 12, 2014, 15:56 by Audi 5000 »

« Reply #7 on: March 13, 2013, 09:12 »
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Playing devils advocate here but what else did you expect by creating something that looks like a logo and selling it on micro?  ;)

« Reply #8 on: March 13, 2013, 09:30 »
+1
Playing devils advocate here but what else did you expect by creating anything and putting it on the internet. ;)

I fixed this for you VB.  ;D

« Reply #9 on: March 13, 2013, 09:31 »
0
Where did they license it from?   AFAIK that is not allowed by an agency.

I have no idea where they got it. I sell at FT, DT, 123RF, SS, DP, CanStockPhoto, and BS.

I believe your only option is really to contact them, perhaps not as a stock artist but just for curiosity (is there any site selling logos?), then you will see what to do
No, contacting them should be your last resort.  It's bad business to bother customers.  Do your homework first and find out if any site doesn't prohibit that use.

on your opinion

« Reply #10 on: March 13, 2013, 09:33 »
-1
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« Last Edit: May 12, 2014, 15:55 by Audi 5000 »

« Reply #11 on: March 13, 2013, 09:33 »
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Where did they license it from?   AFAIK that is not allowed by an agency.

I have no idea where they got it. I sell at FT, DT, 123RF, SS, DP, CanStockPhoto, and BS.

I believe your only option is really to contact them, perhaps not as a stock artist but just for curiosity (is there any site selling logos?), then you will see what to do
No, contacting them should be your last resort.  It's bad business to bother customers.  Do your homework first and find out if any site doesn't prohibit that use.

on your opinion
It is my opinion that you should get your facts straight before you contact a buyer.

your opinion

vlad_the_imp

« Reply #12 on: March 13, 2013, 09:37 »
+1
Is this an illustration that promotes a business, or a logo? I always thought an illustration only became a logo once it was registered as the unique property of that business.

ShadySue

  • There is a crack in everything
« Reply #13 on: March 13, 2013, 09:38 »
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You should also check what the agency's policy is on contacting a buyer directly.

I know that iS isn't in this particular equation, but they particularly state we should not contact buyers directly; and it may or may not be that other agencies have similar views.
Mind you, the iS statement was in a forum post, so not everyone could be expected to see it. I don't know if it came out in one of their official newsletters, as there was a period of a couple of years when despite being opted in, I and many others didn't get any.

ShadySue

  • There is a crack in everything
« Reply #14 on: March 13, 2013, 09:39 »
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Is this an illustration that promotes a business, or a logo? I always thought an illustration only became a logo once it was registered as the unique property of that business.
I'm not sure, but for example the twitter bird, which was an iS vector, was NOT considered to be a logo. (I'm not sure if that illo is still being used, as I don't Twit.)

« Reply #15 on: March 13, 2013, 09:46 »
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This image is clearly being used as the restaurants logo, not just an illustration used on their menu (which is what it was designed for in the first place).



Too bad I'm on the other side of the globe, I'd settle this for a free meal (that steak looks delicious).

« Reply #16 on: March 13, 2013, 10:01 »
+5
I'd contact them. They may not know that a stock illustration was used to make their logo. There are a lot of sketchy "designers" out there too. I guess I'm not one for lawsuits either, but I think it is a good philosophy to just explain to companies that this image will probably show up in dozens of other places and from dozens of other companies. So, it is a pretty poor choice for their company identity. Then, quote them a price to make a unique logo for them.

Oh yeah, and be polite. It's always a better approach.  :)
« Last Edit: March 13, 2013, 10:05 by cthoman »


« Reply #17 on: March 13, 2013, 10:26 »
+1
Like many others have said, I think your best bet would be to check the terms on every agency you're selling it on. I've read somewhere before that most agencies don't allow artworks to be made into logos, because logos are subjected to being trademarked or registered, and to do that you require full rights to the work. (Correct me if I'm wrong!) Since registering a mark offers protection on the artwork, it could spell trouble for a) the contributor who created it in the first place and b) other licensees that are using the same artwork.

Playing devils advocate here but what else did you expect by creating something that looks like a logo and selling it on micro?  ;)

Honestly, graphics like these can just be used for a great deal more mundane purposes, such as a "spicy" tag on item menus. I don't think the creator is at all at fault here. It's up to the buyer to ensure that they're using the work they've licensed correctly and legally.

EmberMike

« Reply #18 on: March 13, 2013, 10:31 »
+1

I've seen my stuff used in logos before and I generally don't pursue it. Like vlad says, I know what the likely use of my work is, given the very logo-like style and structure of many of my designs.

If I ever saw something of mine with a or next to it, that would be a different story. Obviously I need to protect ownership of my work. But a one-off restaurant or other small business using something of mine as a logo? I'm not likely to waste any time checking into it.

« Reply #19 on: March 13, 2013, 10:42 »
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Some follow up... This image is for sale at (with terms):

123RF: Please be aware that all usage of vector icons as company logo is prohibited.
CanStock: You can not use our content as your legal logo, or as part of products for resale.
ShutterStock: Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin (NO)
BigStock: You may not... Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services.
FotoSearch: Licensee may not... Incorporate the Content into a logo, trademark, or service mark;
GoGraph: Licensee may not... Incorporate the Content into a logo, trademark, or service mark;

ShadySue

  • There is a crack in everything
« Reply #20 on: March 13, 2013, 10:44 »
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Any partner sites?
Partner site terms don't always match the 'mother' site terms.
Logos are certainly usually prohibited.
Also I'm not certain that this restaurant IS using it as a logo. Maybe it's just a sign.
The sites always seem to find wriggle room to avoid any confrontation with buyers. At micro prices, it isn't worth pursuing.

« Reply #21 on: March 13, 2013, 10:46 »
-2
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« Last Edit: May 12, 2014, 15:55 by Audi 5000 »

Poncke

« Reply #22 on: March 13, 2013, 10:51 »
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FT doesnt allow you to contact buyers, and they may suspend your account. But I cant find that back. I must have seen it when I signed up.

« Reply #23 on: March 13, 2013, 10:52 »
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Any partner sites?
Partner site terms don't always match the 'mother' site terms.
Logos are certainly usually prohibited.
Also I'm not certain that this restaurant IS using it as a logo. Maybe it's just a sign.
The sites always seem to find wriggle room to avoid any confrontation with buyers. At micro prices, it isn't worth pursuing.

I listed partner sites.

It's on their sign, their website, their Facebook page, their menu.... I'd call it a logo.

« Reply #24 on: March 13, 2013, 10:55 »
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What EmberMike says makes a lot of sense. :) Unless it's been added the trademark or registered mark, it's safe to assume that it's a sign for now.

Any partner sites?
Partner site terms don't always match the 'mother' site terms.
Logos are certainly usually prohibited.
Also I'm not certain that this restaurant IS using it as a logo. Maybe it's just a sign.
The sites always seem to find wriggle room to avoid any confrontation with buyers. At micro prices, it isn't worth pursuing.
When does something become a "legal logo"?

When it's trademarked or registered to the organization in question.


 

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