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What infringes upon a Copyright?


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#1 Jonathan Bryant

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Posted 16 March 2006 - 08:24 AM

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?
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#2 Chance Shirley

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Posted 16 March 2006 - 04:17 PM

As far as I know, any use of a copyrighted image (in a video clip or anywhere else) without permission would be trademark infringement. Practically speaking, if you put such an image on a website, will you get in trouble? As much as anything, it probably depends on how many people look at the website.

If you want to know for sure, I'd run the particular clip by a qualified attorney.
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#3 Freya Black

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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.

love

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#4 Richard Boddington

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Posted 17 March 2006 - 04:56 PM

You're not really clear in your post, you want just the logo only isolated on your site? That could be an issue for sure. Or do you see the logo in a wide shot where other things are seen?

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.

R,
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#5 Dan Goulder

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Posted 17 March 2006 - 05:57 PM

I did a recent shoot where two actresses are playing 'Monopoly'. The board is visible at the bottom of the screen. They are indulging part of the time in "small talk", which is the intention of the shot, and part of the time they are discussing the game itself while playing it. Is there copyright infringement if the board is anywhere in the shot, or does it make any difference whether the actresses are discussing the game itself, or discussing something else entirely while the game board sits incedentally at the bottom of the screen? Thanks.
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#6 Jonathan Bryant

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Posted 21 March 2006 - 09:14 AM

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?
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#7 Hal Smith

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Posted 21 March 2006 - 10:51 AM

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?

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.

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.

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#8 LondonFilmMan

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Posted 21 March 2006 - 01:03 PM

Might you want to talk to the owner of that depiction and run it by a copyright specialist?
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