Author Topic: Is it legal to use microstock icons as a brand logo? (Read 5994 times)

HypnoCreative · « **on:** January 20, 2013, 11:48 »

This question might sound a bit stupid but before I start digging in the agency policies, I wanted to ask you guys.

People download an icon set or single icon and sometimes we name and keyword them as a logo too. but the word "logo" doesn't only mean a business logo. personally, i design many business logo templates, even as a full brand identity set. and the agencies accept to sell them in this manner. but is it legal to download it with a subscription plan, for a few cents and use it as a brand logo? Because a brand logo must be unique to the owner. But this way, hundreds of people use one design as their logo. the same logo, different business names. on the other hand, don't they have to purchase these files with a proper license like distribution or something? they use it everywhere!!! web, print, products, packaging.. wherever a logo can be used..

i made a simple google image search with some of my best selling logo designs and i found many results with my designs used for different businesses but almost none of them have been sold in a proper license. most of them are sold by subscription. it just sounds weird. both for the designer and the buyer.

i'd like to hear your thoughts and what you know about this subject. thanks!!

ShadySue · « **Reply #1 on:** January 20, 2013, 12:01 »

Depends on the T&C of each agency.
iStock T&C forbids it.

I don't know if it's currently the same, but for a long time the Twitter bird was an iStock file, but apparently that was never a Logo.

Sean Locke Photography · « **Reply #2 on:** January 20, 2013, 12:13 »

It sounds like you are complaining you don't get paid enough for your file?

cthoman · « **Reply #3 on:** January 20, 2013, 12:38 »

It depends on the licensing agreement. Most of the site don't allow it. Even if they do though, a buyer can't really use an image for what most would consider a "true" logo, since that would require them to own the image.

HypnoCreative · « **Reply #4 on:** January 20, 2013, 14:29 »

Quote from: sjlocke on January 20, 2013, 12:13

It sounds like you are complaining you don't get paid enough for your file?

I complain that the buyers do not want to buy proper licenses. Most of them download files by subscription and they use them knowing no boundaries. and in this case, as a logo especially. it's a huge question mark how to follow up who's buying what and whether they use the downloaded image in legal conditions.

I believe very few people buy images in correct licenses.

Hannafate · « **Reply #5 on:** January 20, 2013, 14:32 »

No.

That doesn't keep people from doing it, of course.

ShadySue · « **Reply #6 on:** January 20, 2013, 14:39 »

Shutterstock also forbids it:
"PART II
RESTRICTIONS
YOU MAY NOT:
6. Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof"

I have no idea what they mean by 'indication of origin' in this context.

You'd have to look at that T&C of each agency you have your photos at to see if any allow use as logos.

I certainly agree that many buyers don't follow the terms and conditions. You only have to look at editorial uses, purchased from iStock, without attribution, to prove that.

HypnoCreative · « **Reply #7 on:** January 20, 2013, 15:01 »

Quote from: Hannafate on January 20, 2013, 14:32

No.

That doesn't keep people from doing it, of course.

No to?

Pauws99 · « **Reply #8 on:** January 20, 2013, 18:17 »

I guess it would be risky - presumably if some other organisation decided to use the logo too they couldn't do anything about it?

HypnoCreative · « **Reply #9 on:** January 20, 2013, 19:11 »

Quote from: Pauws99 on January 20, 2013, 18:17

I guess it would be risky - presumably if some other organisation decided to use the logo too they couldn't do anything about it?

I think logos and icons will always have their places in microstock market. the problem starts when an individual or a corporate decides to use a microstock vector as a brand logo. Because as you said, any other individual or corporate might want to do the same, maybe thousands of them... It's not the vector or the designer to be blamed in such a case. The definitions of using fields are clearly indicated in both contributor and buyer agreements.

So.. can we say it is illegal to use a stock vector as a brand logo even if it was purchased with a distribution or a multi-seat (or any other) licenses since the nature of a brand logo must be unique to those who own the rights to it?

There are stock logo sites too. They sell the logos just once and once it's sold, they remove the logo from their libraries which sounds logical since it's clearly defined that the sites sell logos for business and the businesses buy it for the same purpose. The regular microstock agencies do not work like this. Some offer the full rights to the images but still, the image might be sold several times before.

Any other thoughts?

ShadySue · « **Reply #10 on:** January 20, 2013, 19:26 »

Why put logo into keywords of that sort of image, if it can't actually be used as a logo?

HypnoCreative · « **Reply #11 on:** January 20, 2013, 20:07 »

Quote from: ShadySue on January 20, 2013, 19:26

Why put logo into keywords of that sort of image, if it can't actually be used as a logo?

Because a logo isn't only used as a corporate graphic mark, there are other meanings too.. and a stock image can partly be used in a corporate logo with minor or major revisions, additions and so on, just as long as it is purchased with the right license. a regular credit or subscription download does not cover this kind of use.

besides, some of my designs i found on google being used as a corporate logo do not have the keyword "logo" on the stock sites.

ShadySue · « **Reply #12 on:** January 20, 2013, 20:10 »

Quote from: HypnoCreative on January 20, 2013, 20:07

Quote from: ShadySue on January 20, 2013, 19:26
Why put logo into keywords of that sort of image, if it can't actually be used as a logo?

Because a logo isn't only used as a corporate graphic mark, there are other meanings too.. and a stock image can partly be used in a corporate logo with minor or major revisions, additions and so on, just as long as it is purchased with the right license. a regular credit or subscription download does not cover this kind of use.

besides, some of my designs i found on google being used as a corporate logo do not have the keyword "logo" on the stock sites.

It can only be partly used in a corporate logo if that is allowed by the t&c of a particular site, if any allow it.

You would have to find out which site the corportation got the logo from, check that site's t&c, and take it from there.

HypnoCreative · « **Reply #13 on:** January 20, 2013, 20:23 »

Quote from: ShadySue on January 20, 2013, 20:10

Quote from: HypnoCreative on January 20, 2013, 20:07
Quote from: ShadySue on January 20, 2013, 19:26
Why put logo into keywords of that sort of image, if it can't actually be used as a logo?

Because a logo isn't only used as a corporate graphic mark, there are other meanings too.. and a stock image can partly be used in a corporate logo with minor or major revisions, additions and so on, just as long as it is purchased with the right license. a regular credit or subscription download does not cover this kind of use.

besides, some of my designs i found on google being used as a corporate logo do not have the keyword "logo" on the stock sites.

It can only be partly used in a corporate logo if that is allowed by the t&c of a particular site, if any allow it.

You would have to find out which site the corportation got the logo from, check that site's t&c, and take it from there.

I actually do so. I contact the company, kindly ask for a proof that they "purchased" the image first explaining that I am the creator of it. Some of them get back with a screenshot of their downloaded items including my work. The result is usually that they downloaded it on a subscription plan which cost them less than a dollar bill. It's kinda weird. Even for the company because they use it as it was created along with hundreds of others.

Let's say they download it from depositphotos which allows us to sell vectors with these keywords. But a regular download has limits in using areas and I do not think it covers using a vector as the unique logo of a company while you have to buy higher licenses even for print-only or multiple use.

I am making a research including the agencies and I wanted to hear your thoughts and experiences too, if any. I am not really desperately seeking help

Not to be confused!

ShadySue · « **Reply #14 on:** January 20, 2013, 20:25 »

Then I presume you contact the agency from which they bought it and ask for their take on what has happened.

cthoman · « **Reply #15 on:** January 21, 2013, 00:08 »

Quote from: ShadySue on January 20, 2013, 19:26

Why put logo into keywords of that sort of image, if it can't actually be used as a logo?

I was under the impression that some places automatically remove the keyword logo. I thought SS did because I remember some thread about it on their forum.

Microbius · « **Reply #16 on:** January 21, 2013, 02:58 »

Yes, SS don't allow it anymore as a keyword.

The simple answer is no, it is not possible to use a microstock image as a logo, other buyers will have the right to buy it and use it too. One buyer cannot therefore register it as a trademark or claim copyright.

Whether a buyer can use it on all of their business cards along side their name, on their letterheads and so on (not officially as a logo) is a bit more grey.

If I am ever asked directly I explain that they can use it, as long as they know it is not officially their logo, not exclusive, they don't own copyright, they can't trademark it and a competitor could do the same thing with the same image.

JPSDK · « **Reply #17 on:** January 21, 2013, 03:34 »

YES, it is legal.
BUT the distributing agencies might not like it, and such might have a claim in court if the user violates the contract for the used files.
The question is, however... will the agency do something about it?
You can guess the answer.

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Author Topic: Is it legal to use microstock icons as a brand logo? (Read 5994 times)

HypnoCreative

ShadySue

Sean Locke Photography

cthoman

HypnoCreative

Hannafate

ShadySue

HypnoCreative

Pauws99

HypnoCreative

ShadySue

HypnoCreative

ShadySue

HypnoCreative

ShadySue

cthoman

Microbius

JPSDK

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