Can i use logos on my blog
By law, you need not request permission to use a trademark belonging to another if it is for an editorial or informational use. The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or if your use is part of an accurate comparative product statement.
Basics of Trademark Infringement Trademark infringement is the unauthorized use of another person or company's registered trademark. The Lanham Act is the statute that largely controls federal trademark law. One provision of the law allows for certain uses of trademarks. Under 15 U. These include situations where "the use of the name, term, or device charged to be an infringement is a use, otherwise than as a mark, of the party's individual name in his own business, or of the individual name of anyone in privity with such party, or of a term or device which is descriptive of and used fairly and in good faith only to describe the goods or services of such party, or their geographic origin In other words, the use of a trademark does not necessarily qualify as an infringement if the user is not actually using the trademark as a mark.
When would you not be using a trademark as a mark? Consider a scenario in which you are writing an article about Apple. Your reference to "Apple" in the headline and body of the article uses the trademark, but you are not using the trademark for the sake of selling or identifying computers. Rather, you are using the trademark for non-mark purposes—in this case, for commentary or news reporting.
Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Intellectual Property Law. Trademark Law. Getting Permission. Patent It Yourself. Related Products More. Since it's difficult to know what falls under "fair use of logos" here are some straightforward reasons why you would want to request permission to use a trademark or logo:.
Logo use and brand name use are few of the most common examples of trademark infringement. Other than using a trademark or logo for editorial purposes or as part of comparative product statements, you don't need to ask permission if the logo's use will educate, inform, or express opinion protected under the Constitution's First Amendment. This includes displaying a logo in a work of fiction, whether it's a graphic novel or film.
As long as the fictional work doesn't confuse the viewer as to who owns the trademark, using logos in fiction falls under fair use because it adds to a story's realism. However, Hollywood has flipped this rule around by selling product placements to trademark owners as a means of advertisement, which has been a lucrative move. Another gray area in trademark law is what's known as trademark parodies. Generally speaking, you don't need to request permission to imitate a trademark if you're poking fun at it.
Offensive parodies can trigger lawsuits from the trademark or logo owner, so it's important to weigh the consequences before going ahead with your trademark parody. There are also circumstances where you can use media logos on your website without violating trademark rights and opening yourself up to infringement claims. Just remember that you cannot confuse customers into thinking you own the logo, so it's best to display such trademarks with "as seen in" phrases.
Competitors and individuals don't need written permission to use a logo if the use falls under the following reasons:. No, it's not necessary to use the TM symbol, although it is considered good etiquette. You can also distinguish a trademark by italicizing or capitalizing it instead of using the TM symbol. On the other hand, if you use a trademark in a commercial context, such as in a product manual or advertisement, you should place the TM symbol next to the trademark.
Still, you only need to do this if the trademark is federally registered. Even if a trademark or logo falls under fair use, it's often a good idea to attach a disclaimer identifying the logo and stating that you are not associated with or sponsored by the trademark owner.
Trademarks work somewhat differently than copyrights in that merely printing someone else's logo doesn't automatically mean you've infringed upon the owner's rights. Most logos are, in fact, not protected by copyright law. Still, trademark infringement could result in a lawsuit to stop the infringement. Especially in the age of content marketing where pure editorial content is a business in decline and everyone, companies and people, have the capacity to communicate with their audience as part of a commercial strategy.
It is not only difficult to differentiate between commercial and editorial use for copyrighted work. You need to take into account also all the subtle legal differences between countries. Most lawsuits are filed against users of photographic material when used in advertising, company literature, catalogs etc. Though most countries have similar laws in the area of photography, important national differences exist.
These cannot be covered in a general article, but we aim to share with you a framework you can use to approach these questions. The response is somewhat complicated. It depends on a number of questions about the subject or object photographed, and about the intended use of the photograph. Copyright aims to strike a balance between, on one hand, protecting the rights of the copyright holder and, on the other hand, the wider public interest.
Exceptions often enable photographers to reproduce copyrighted works without permission and they are enshrined in the concepts of fair use or fair dealing, in common law, or limitations or exceptions, specifically mentioned in national copyright law. They vary from country to country, and specific facts and circumstances will determine each case. But common exceptions from copyright protection, in simplified terms, include the following:.
In some countries, permission is not required to photograph certain artistic works displayed in a public place —such as a park or similar— to be used commercially or editorially. These photos may also be published and sometimes even commercialized without infringing copyright. However, anything recognizable such as logos on buildings, billboards or any storefronts should not appear on photos specially for commercial purposes and in some cases, as we explained before, for editorial uses.
In most countries, copyrighted and trademark material may be used to illustrate critiques or reviews. It may, however, be difficult to assess what is incidental. Perhaps the fact that such image is available to download at these sites made you think it was alright to use them in your publication. Guess what? Most people uploading or sharing images on free photo resources are unaware that they cannot use — let alone offer or share! The fact that an image is available for download with a Public Domain, Creative Commons or GNU license, does not mean it is safe to use in commercial online publications.
Truth is, all private property is subject to copyright, and you need a release from the owner if you want to use a picture including those commercially. Any image where private property is visible and recognizable might require permission from the owner, although law varies depending on the jurisdiction. For a free photo service it is very unlikely that anyone has been checking any legal documents or status of the images people upload and share.
This is why it is possible to find photos of copyrighted products from Apple and other brands. You can get into copyright issues quite easily when using these photos, depending on your jurisdiction and if the copyright owner is adamant about his or her rights. Images with trademarked or copyrighted elements from free photo services are often used by online publishers and bloggers thinking they are safe to use. Feel free to check our full Creative Commons and Public Domain guide for more details.
And remember, the publisher is held responsible for any copyright infringement associated to the images they use. So copyright owner or the original photographer could always sue you if they identify an infringement to their rights in the picture you have used. The only photos you can use for free as a company are those you take yourself as long you take into account Model releases , Property rights and Brand Rights for all the subjects and objects depicted in your images.
The PixelRockstar WordPress plugin has been created from the start to allow WordPress online publishers to easily search within WordPress for photos and images, download them to their Media Library, and add them to WordPress as a featured image or article image in a simple and quick way.
Of course this includes photos in all situations of life that have been released to give your online publication the special touch. This means that when you publish your article, the use of the photo in your newsletter and other social media channels is covered by the standards you can expect from any stock photography company adapted to your needs as a WordPress online publisher. Are you publishing your own WordPress corporate or personal blog?
0コメント