What infringes upon a Copyright?
Posted 16 March 2006 - 08:24 AM
Posted 16 March 2006 - 04:17 PM
If you want to know for sure, I'd run the particular clip by a qualified attorney.
Posted 16 March 2006 - 04:33 PM
If on a website say we had just a pic or a video clip of a college sports logo not the actual logo pasted on the page, would that be considered copyright or trademark infringement?
It would definitely be copyright infringement because you are making a copy of the logo.
I don't think it would be trademark infringement because my understanding of trademarks is that you would be infinging them if you were passing them off as your own that's why you see messages to say things like "Trademarks are the properties of their respective owners" to make it clear that they aren't passing off the trademark as their own. I have far less clear an idea of how trademark law works however.
You presumably aren't planning to trade with the trademark so it shouldn't be a problem I suspect.
Obviously, see a lawyer and all that stuff if it concerns you.
Posted 17 March 2006 - 04:56 PM
This comes up on this forum a hundred times. I always ask what about all the movies shot in Times Square NY? There are dozens of corporate logos in every shot no matter where you point the camera.
Do the producers get permission from every single company to allow their logo to be seen on screen? I highly doubt it.
Have a look at Caterpillar v Disney. Caterpillar tried to sue Disney, Caterpillar got no where.
Posted 17 March 2006 - 05:57 PM
Posted 21 March 2006 - 09:14 AM
Posted 21 March 2006 - 10:51 AM
There is a concept in US copyright law called "fair use". It covers the topic of this thread, IE: just how much of copywritten material can be used and quoted without obtaining rights. Fair use varies by nation, what's legal in the US isn't necessarily legal in the EU, etc.
I just want to see if it is ok to have a college sports logo on a door mate in a picture on a real estate site?
Wikepedia has an article at: http://en.wikipedia.org/wiki/Fair_use.
Googling "fair use" AND legal will pull up a bunch of references to "fair use" law.
Posted 21 March 2006 - 01:03 PM