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Author Topic: Using a stock vector as a logo?  (Read 17918 times)

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« Reply #25 on: March 13, 2013, 10:58 »
+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.

totally agree..

so many small businesses using the same image "as if it was their logo" is not really an issue.. because they are aware it is not legally "their" logo and many other businesses may use the same image in a same way.. this is not an exclusive usage.. and imo, if it's not exclusive, then it's not a logo really.. a LOGO must be EXCLUSIVE.. hundreds of companies using the same image? whose logo is it then? nobody's really.. this is a case where no one can "legally" own the logo.. it's impossible for any company to own it.. If they claim that it is their official logo, then they are in hot waters.. if they don't, then it's just an issue where a royalty free image is used to represent a business..

as long as they don't attempt to register or trademark an RF image, they should be fine..
« Last Edit: March 13, 2013, 11:01 by cidepix »


« Reply #26 on: March 13, 2013, 11:30 »
0
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;

Vectorstock is the only one that I know that says you can use images as a logo, but, as pointed out, it's not really a logo if everyone else can use it as their logo too.

Microbius

« Reply #27 on: March 13, 2013, 11:32 »
0
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;

Vectorstock is the only one that I know that says you can use images as a logo, but, as pointed out, it's not really a logo if everyone else can use it as their logo too.
One more reason to hate Vectorstock, sell for peanuts let them use it as a logo. Great

ETA under the standard license too, wow
« Last Edit: March 13, 2013, 11:38 by Microbius »

« Reply #28 on: March 13, 2013, 11:36 »
+1


....then it's just an issue where a royalty free image is used to represent a business..



Disagree entirely. Isn't an image "used to represent a business" the definition of a logo?

Let's look it up...

Logo: a graphic representation or symbol of a company name, trademark, abbreviation, etc., often uniquely designed for ready recognition.


Whether it's officially registered or not, it's a logo. It's on every menu, the sign above the door, their web site, their social media, on the wall behind the bar.

It is a logo, no question about it.

It's not legal, no question about it.

There's not much I can do about it, no question about it.  :P

« Reply #29 on: March 13, 2013, 11:38 »
0
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;

Vectorstock is the only one that I know that says you can use images as a logo, but, as pointed out, it's not really a logo if everyone else can use it as their logo too.
One more reason to hate Vectorstock, sell for peanuts let them use it as a logo. Great

Agreed. I will never sell on Vectorstock.

Microbius

« Reply #30 on: March 13, 2013, 11:49 »
+1
Yup, they really are terrible, I've got a few files on there from way back and they have far and away the lowest RPD in the industry. You are getting lower than sub payments for per image sales on vectors (start at 25% and price most vectors at $1)

Also the last site to boot copyright infringers, for example they are still selling this studios files (including the specific infringing ones):
http://www.microstockgroup.com/image-sleuth/biggest-rip-off-in-microstock-history!-shocking-finds/
No one wanting to make a living in stock should be supporting this sort of site.
« Last Edit: March 13, 2013, 11:52 by Microbius »

ShadySue

  • There is a crack in everything
« Reply #31 on: March 13, 2013, 12:47 »
-1


....then it's just an issue where a royalty free image is used to represent a business..



Disagree entirely. Isn't an image "used to represent a business" the definition of a logo?

Let's look it up...

Logo: a graphic representation or symbol of a company name, trademark, abbreviation, etc., often uniquely designed for ready recognition.


Whether it's officially registered or not, it's a logo. It's on every menu, the sign above the door, their web site, their social media, on the wall behind the bar.

It is a logo, no question about it.

It's not legal, no question about it.

There's not much I can do about it, no question about it.  :P

Would you have said the Twitter bird was a logo?
Because it wasn't, apparently.

« Reply #32 on: March 13, 2013, 13:02 »
+2


....then it's just an issue where a royalty free image is used to represent a business..



Disagree entirely. Isn't an image "used to represent a business" the definition of a logo?

Let's look it up...

Logo: a graphic representation or symbol of a company name, trademark, abbreviation, etc., often uniquely designed for ready recognition.


Whether it's officially registered or not, it's a logo. It's on every menu, the sign above the door, their web site, their social media, on the wall behind the bar.

It is a logo, no question about it.

It's not legal, no question about it.

There's not much I can do about it, no question about it.  :P

Would you have said the Twitter bird was a logo?
Because it wasn't, apparently.

The Twitter illustration that you are referring to was not a logo, it was the background image on their home page for while. Their logo (up until the current bird logo was developed) was simply the twitter text (no bird). See below.


« Reply #33 on: March 13, 2013, 13:47 »
0
Being able to use stock vector as a logo shouldn't happen unless they have/purchase the exclusive rights to use that vector art. The main reason being what is to stop a business using said art to later sue when the art is used elsewhere. If they trademarked the logo they can do so. I would hope that if it is allowed it is stated they are not allowed to trademark the logo...but that is still iffy as who would police that? I doubt either the seller, agency or business would want this. In cases such as this I think it comes down to either a naive designer or business...or both.

« Reply #34 on: March 13, 2013, 14:11 »
0
The Twitter illustration that you are referring to was not a logo, it was the background image on their home page for while. Their logo (up until the current bird logo was developed) was simply the twitter text (no bird). See below.

This still gets into a branding question which is the same thing as a logo. It's kind of a gray area. When does Mickey Mouse become Mickey Mouse? Is it when you name him? When you trademark him? When you put him in so many ads? When you spend X amount of dollars promoting him?

« Reply #35 on: March 13, 2013, 14:13 »
0
Using artwork and owning it are two separate things

« Reply #36 on: March 13, 2013, 14:46 »
0
Being able to use stock vector as a logo shouldn't happen unless they have/purchase the exclusive rights to use that vector art. The main reason being what is to stop a business using said art to later sue when the art is used elsewhere. If they trademarked the logo they can do so. I would hope that if it is allowed it is stated they are not allowed to trademark the logo...but that is still iffy as who would police that? I doubt either the seller, agency or business would want this. In cases such as this I think it comes down to either a naive designer or business...or both.

it's too obvious that they can't trademark it.. therefore there is no need to emphasize it imo.. how can you even remotely think of trying to trademark or register something that the original artist will continue selling on RF sites?

that would be crazy..  :D

« Reply #37 on: March 13, 2013, 14:52 »
0
it's too obvious that they can't trademark it.. therefore there is no need to emphasize it imo.. how can you even remotely think of trying to trademark or register something that the original artist will continue selling on RF sites?

that would be crazy..  :D

That's what I would think, but the paranoid in me thinks that someone will one day try to usurp the copyright out from from under my nose. Kind of like squatters rights.

« Reply #38 on: March 13, 2013, 14:53 »
0
Being able to use stock vector as a logo shouldn't happen unless they have/purchase the exclusive rights to use that vector art. The main reason being what is to stop a business using said art to later sue when the art is used elsewhere. If they trademarked the logo they can do so. I would hope that if it is allowed it is stated they are not allowed to trademark the logo...but that is still iffy as who would police that? I doubt either the seller, agency or business would want this. In cases such as this I think it comes down to either a naive designer or business...or both.

it's too obvious that they can't trademark it.. therefore there is no need to emphasize it imo.. how can you even remotely think of trying to trademark or register something that the original artist will continue selling on RF sites?

that would be crazy..  :D

Easy, the same reason whey full resolution images are showing up in Google search...naive buyers. There are plenty of people who feel they can use a copy written Google search image freely also. Just because it's obvious to us, doesn't mean every one is in the know

« Reply #39 on: March 13, 2013, 14:58 »
0
Just because it's obvious to us, doesn't mean every one is in the know

That's what I would think, but the paranoid in me thinks that someone will one day try to usurp the copyright out from from under my nose. Kind of like squatters rights.

ok, those are good points :)

« Reply #40 on: March 13, 2013, 16:10 »
0
Instead of wasting time writing 1000 e-mails and read another 1000 agreements u should ask them for free meals daily for using  that image as a logo. ;D

« Reply #41 on: March 13, 2013, 16:18 »
+1
Instead of wasting time writing 1000 e-mails and read another 1000 agreements u should ask them for free meals daily for using  that image as a logo. ;D

Solid idea except I am approximately 4,151 miles away from the restaurant in question.


« Reply #42 on: March 13, 2013, 17:56 »
+1
If I am not mistaken another agency who mention logos in the license, is clipartof. The license  states that buyers can use clipart as a logo so long is not copyrighted or trademarked...
Do you happen to be a contributor there?

« Reply #43 on: March 14, 2013, 08:13 »
+7
@sweetgirll - No, I do not sell at clipartof. Thanks.

UPDATE: I contacted the business via their Facebook page. The owner responded and was very surprised to see this. He had paid a "designer" friend of his to develop the logo. He is very disappointed with his friend but glad to know the truth. The owner of the restaurant and I are now discussing how we can make this right.

Thanks to all the MSG folks who offered their input, I will let you know how this all unfolds.

« Reply #44 on: March 14, 2013, 08:19 »
0
@sweetgirll - No, I do not sell at clipartof. Thanks.

UPDATE: I contacted the business via their Facebook page. The owner responded and was very surprised to see this. He had paid a "designer" friend of his to develop the logo. He is very disappointed with his friend but glad to know the truth. The owner of the restaurant and I are now discussing how we can make this right.

Thanks to all the MSG folks who offered their input, I will let you know how this all unfolds.

Sounds like you guys are off to a good start, which is always great to hear about. :) Good luck!

« Reply #45 on: March 14, 2013, 08:48 »
+1
I've found some of my works being used as a logo. I sent a notice to the [email protected] asking for action and never had return. This mail is kind of /dev/null.

« Reply #46 on: March 14, 2013, 09:11 »
0
I knew that would be the case. Owner uses friend or agency to create a logo, friend then goes on a stock site to search for artwork as a basis to create logo. Friend hands over design with invoice and owner is none the wiser.

This is why it is always necessary to be polite and professional when contacting people regarding these matters and I'm glad you managed to sort it out.

Nice logo btw. daveh900

ShadySue

  • There is a crack in everything
« Reply #47 on: March 14, 2013, 11:11 »
+1
@sweetgirll - No, I do not sell at clipartof. Thanks.

UPDATE: I contacted the business via their Facebook page. The owner responded and was very surprised to see this. He had paid a "designer" friend of his to develop the logo. He is very disappointed with his friend but glad to know the truth. The owner of the restaurant and I are now discussing how we can make this right.

Thanks to all the MSG folks who offered their input, I will let you know how this all unfolds.

Well done - you clearly hit the right note when you contacted the restaurateur.
Maybe he'll hire you to design a unique logo for him.
Good news. (Bad for the designer.)

« Reply #48 on: March 14, 2013, 11:22 »
+2
@sweetgirll - No, I do not sell at clipartof. Thanks.

UPDATE: I contacted the business via their Facebook page. The owner responded and was very surprised to see this. He had paid a "designer" friend of his to develop the logo. He is very disappointed with his friend but glad to know the truth. The owner of the restaurant and I are now discussing how we can make this right.

Thanks to all the MSG folks who offered their input, I will let you know how this all unfolds.


This type of thing is rampant these days as the tools are available to anyone..and anyone with the tools can call themselves a designer. Good to hear they are working with you.

« Reply #49 on: March 14, 2013, 11:29 »
-7
Please stop about complaining the usage of your images, you will never know where and how your microstock image is used, this is the world of microstock. In the worst scenario , if someone uses an your vector image and he puts a copyright on it, you can be sued too.


 

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