Using free images from the internet
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I have a friend working for a startup company. A couple of the other guys "found" their corporate logo on the internet looking for free logo designs. The image was contained on a collage. They copied it and removed the business name under it. First, I don't know anything about copyright/trademark law, but this seems like it has lawsuit written all over it. I haven't had a chance to go to the web site to see what it says about the images. Second, let's say the fine print says it's ok to take the images and use it royalty free for corporate use. Does this mean that it can't be trademarked?
Brad Deja Moo - When you feel like you've heard the same bull before.
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I have a friend working for a startup company. A couple of the other guys "found" their corporate logo on the internet looking for free logo designs. The image was contained on a collage. They copied it and removed the business name under it. First, I don't know anything about copyright/trademark law, but this seems like it has lawsuit written all over it. I haven't had a chance to go to the web site to see what it says about the images. Second, let's say the fine print says it's ok to take the images and use it royalty free for corporate use. Does this mean that it can't be trademarked?
Brad Deja Moo - When you feel like you've heard the same bull before.
However, if I were to speculate: 1) You can use a royalty free image subject to its license 2) You can't trademark someone else's property.
Need custom software developed? I do custom programming based primarily on MS tools with an emphasis on C# development and consulting. A man said to the universe: "Sir I exist!" "However," replied the universe, "The fact has not created in me A sense of obligation." --Stephen Crane
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I have a friend working for a startup company. A couple of the other guys "found" their corporate logo on the internet looking for free logo designs. The image was contained on a collage. They copied it and removed the business name under it. First, I don't know anything about copyright/trademark law, but this seems like it has lawsuit written all over it. I haven't had a chance to go to the web site to see what it says about the images. Second, let's say the fine print says it's ok to take the images and use it royalty free for corporate use. Does this mean that it can't be trademarked?
Brad Deja Moo - When you feel like you've heard the same bull before.
If your going to use an image from the Intarweb, it should be achnowledged like this: CSS's photo[^].
Panic, Chaos, Destruction. My work here is done. or "Drink. Get drunk. Fall over." - P O'H
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I have a friend working for a startup company. A couple of the other guys "found" their corporate logo on the internet looking for free logo designs. The image was contained on a collage. They copied it and removed the business name under it. First, I don't know anything about copyright/trademark law, but this seems like it has lawsuit written all over it. I haven't had a chance to go to the web site to see what it says about the images. Second, let's say the fine print says it's ok to take the images and use it royalty free for corporate use. Does this mean that it can't be trademarked?
Brad Deja Moo - When you feel like you've heard the same bull before.
BRShroyer wrote:
Second, let's say the fine print says it's ok to take the images and use it royalty free for corporate use. Does this mean that it can't be trademarked?
(IANAL & YMMV ...) I Don't think so. the ownership still belongs to the original creator. Anyway, it's kind of lame to use a logo taken off the web, especially if they only rip part of it. Just contact a local design school, hire a student for a couple of cases of beer and I'm certain they will be happy to work with your friend's company. M.
Watched code never compiles.
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If your going to use an image from the Intarweb, it should be achnowledged like this: CSS's photo[^].
Panic, Chaos, Destruction. My work here is done. or "Drink. Get drunk. Fall over." - P O'H
The "bruising" to the eyes is a common side effect of flexing the lobes.
"WPF has many lovers. It's a veritable porn star!" - Josh Smith
As Braveheart once said, "You can take our freedom but you'll never take our Hobnobs!" - Martin Hughes.
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BRShroyer wrote:
Second, let's say the fine print says it's ok to take the images and use it royalty free for corporate use. Does this mean that it can't be trademarked?
(IANAL & YMMV ...) I Don't think so. the ownership still belongs to the original creator. Anyway, it's kind of lame to use a logo taken off the web, especially if they only rip part of it. Just contact a local design school, hire a student for a couple of cases of beer and I'm certain they will be happy to work with your friend's company. M.
Watched code never compiles.
Or fire up your trusty copy of mspaint and do it yourself!
My current favourite word is: Smooth!
-SK Genius
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I have a friend working for a startup company. A couple of the other guys "found" their corporate logo on the internet looking for free logo designs. The image was contained on a collage. They copied it and removed the business name under it. First, I don't know anything about copyright/trademark law, but this seems like it has lawsuit written all over it. I haven't had a chance to go to the web site to see what it says about the images. Second, let's say the fine print says it's ok to take the images and use it royalty free for corporate use. Does this mean that it can't be trademarked?
Brad Deja Moo - When you feel like you've heard the same bull before.
BRShroyer wrote:
I don't know anything about copyright/trademark law
Neither does anyone here. What you will get here is a lot of opinions. I saw some statistics once about trademarking company logos. It turns out that very few companies actually trademark their logo. So chances are, your friends are not breaking any trademark law. Ethics, of course, is a different question.
Best wishes, Hans
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BRShroyer wrote:
Second, let's say the fine print says it's ok to take the images and use it royalty free for corporate use. Does this mean that it can't be trademarked?
(IANAL & YMMV ...) I Don't think so. the ownership still belongs to the original creator. Anyway, it's kind of lame to use a logo taken off the web, especially if they only rip part of it. Just contact a local design school, hire a student for a couple of cases of beer and I'm certain they will be happy to work with your friend's company. M.
Watched code never compiles.
A friend of mine is a freelance graphic artist, and he's filed lawsuits -- and won them all -- over these questions. License means exactly that: you have permission to use the design within the bounds of the published agreement, but ownership remains with the licensor. Usually the user must pay a one-time or recurring licensing fee called a royalty, but some images do not require payment of a fee: that is what is meant by "royalty free." Generally speaking, it is very bad to attempt to brand yourself using a generic, royalty free image: there will be dozens -- even hundreds -- of companies using exactly that same image, and you probably do not want to tie your branding to something that might show up on hard-core porn sites or extremist political blogs. As Maximilien said, go to a local design school and hire a student or two to come up with a logo that meets your specific needs. Bring along a few images you like and a detailed description of what, precicely, you want; offer them as the starting place for ideas. You may want to solicit several suggestions -- say, three different designs and you will take the best one. You may also want to get different forms of the same logo designed for different uses -- one for your website, one that is incorporated into company letterhead, etc. Once you have your new design, make sure you get an agreement that gives you ownership of the logo; I expect that the school will have boilerplate, fill-in-the-blank forms for this purpose. Usually these agreements will also state that the designer will not create anything "substantially similar" for other clients, which helps make sure that you get a unique brand. This will cost money, but does not have to be expensive. The big advantage is that, as legal owner, you can prosecute imitators and others who use your logo without your own permission.
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BRShroyer wrote:
I don't know anything about copyright/trademark law
Neither does anyone here. What you will get here is a lot of opinions. I saw some statistics once about trademarking company logos. It turns out that very few companies actually trademark their logo. So chances are, your friends are not breaking any trademark law. Ethics, of course, is a different question.
Best wishes, Hans
In the United States, at least, there is a distinction between a trademark and a registered trademark. Registering a trademark gives enhanced legal protections, but is usually very expensive and you run into problems when there are similar pre-existing trademarks. I could not register "Seattle Widgets," for example, if there is already a company doing business as something similar, such as "Widgets Seattle." I can still do business as "Seattle Widgets" (as long as no one else is using that name) but I cannot register it. Likewise, I can create a logo that incorporates Mount Rainier, but it is unlikely I could register that logo because there are hundreds of other companies that also use Mount Rainier in their logos. As always, the laws of your municipality/state/country are probably different. If you really want to pursue this, there are firms that specialize in just trademark law; consult with one of them.
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I have a friend working for a startup company. A couple of the other guys "found" their corporate logo on the internet looking for free logo designs. The image was contained on a collage. They copied it and removed the business name under it. First, I don't know anything about copyright/trademark law, but this seems like it has lawsuit written all over it. I haven't had a chance to go to the web site to see what it says about the images. Second, let's say the fine print says it's ok to take the images and use it royalty free for corporate use. Does this mean that it can't be trademarked?
Brad Deja Moo - When you feel like you've heard the same bull before.
Have your friend talk to the staff at this local High School and ask them about the wonderful experience they've had with the logo they found on the Internet: http://blogs.orlandosentinel.com/news_education_edblog/2010/02/agreement-signed-to-end-lake-mary-highchrysler-dispute.html[^]
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I have a friend working for a startup company. A couple of the other guys "found" their corporate logo on the internet looking for free logo designs. The image was contained on a collage. They copied it and removed the business name under it. First, I don't know anything about copyright/trademark law, but this seems like it has lawsuit written all over it. I haven't had a chance to go to the web site to see what it says about the images. Second, let's say the fine print says it's ok to take the images and use it royalty free for corporate use. Does this mean that it can't be trademarked?
Brad Deja Moo - When you feel like you've heard the same bull before.
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I have a friend working for a startup company. A couple of the other guys "found" their corporate logo on the internet looking for free logo designs. The image was contained on a collage. They copied it and removed the business name under it. First, I don't know anything about copyright/trademark law, but this seems like it has lawsuit written all over it. I haven't had a chance to go to the web site to see what it says about the images. Second, let's say the fine print says it's ok to take the images and use it royalty free for corporate use. Does this mean that it can't be trademarked?
Brad Deja Moo - When you feel like you've heard the same bull before.
There's no law against being inspired by someone else's work, so use the base (ripped) logo as inspiration, and re-draw it your own way.
I wanna be a eunuchs developer! Pass me a bread knife!