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Copyright infringment/ and or Fair Use?

Dan Antonelli

Dan Antonelli

New Member
The new Google IMages search is great. Drag a JPG into the search bar and it will find wherever a copy of it is online or visually similar.

So I dragged some of my logos off my web site, and low and behold they start popping all over the place.

Here's an example. My cherished, near-and-dear-to-my-heart logo for Brooklyn Pork Store was misappropriated for a political blog. Is this fair use? The original is attached.

http://mikk2.wordpress.com/2011/06/23/oink-oink-2/

Additionally, a perusal of many of retro logos find them featured in dozens of blogs talking about retro logo design. OK, that's cool, I suppose, but first, I nor my client was asked permission to feature them in said blog, and two, there are no credits to my agency for the logos they are featuring in their blog. Is that a 'fair use' - pick logos off sites, and use in your blog? I don't derive a benefit to have the logos featured in your blog unless theres a link back to my site.

I'm just wondering where the line is drawn. And no, I've stopped being flattered about my work, copywriting, and other things being featured and/or 'misappropriated', stolen, or otherwise taken from me.
 

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briankb

briankb

Premium Subscriber
It seems to be used as a Parody but it's not a parody of the logo or the business that uses the logo but of a candidate. So I would say no it's not ok.

The use in blogs or anything really should have attribution or at least a reference to the origin. I'm fairly sure they don't need permission and it's fair use if it's part of an article or discussion but it should have attribution regardless.
 
John Butto

John Butto

New Member
Is copying someone else really the highest form of flattery, or do you find it annoying?
Your answer I assume is "yes".
 
Custom_Grafx

Custom_Grafx

New Member
Have you emailed any of them requesting that your site/company is referenced on the blog/s? If so, what was the response?

Curious.
 
S

Steve C.

New Member
Dan, you may already be aware, but you can try filing a DMCA complaint with
Google. Fill out their online complaint with a URL sample of your work along
with a URL of the offending page. Or you may need to file the complaint with
the offenders web host. It has worked a few times for me.
 
S

signswi

New Member
It's probably not fair use (not much is) but it's also not worth pursuing in most cases...this is just how the internet is, it's like fighting against an ocean. Send off some "please credit me" emails and maybe a few of them will actually credit you, one or two may be flattered to hear from you, one might ask you to do a guest blog post.

Embrace it where it's not very harmful even if it's technically a violation. If it's people reselling your stuff, go after them.

By the way google images is using (or is based on) http://tineye.com which has been around forever for this very purpose. :)

As for the link you posted with the altered logo...meh, send off a threatening sounding letter, about all that's worth doing. At best they take it down, not worth pursuing in a court. Just be glad that one DIDN'T credit you...(or be glad, bachmann is insane...;) ).
 
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Sideshow

Sideshow

New Member
They are n violation, but not worth effort. the COST you would face trying to prove the loss you faced becasue of its use, and since your post here proves it did NOT cause you harm at this time, you would not have a case
 
Sideshow

Sideshow

New Member
I just got out of courts in similar case. I went after a TM infringement, and it was basically dismissed with prejudice...stop using.. I couldnt prove actual damages
 
Billct2

Billct2

Active Member
Looks questionable to me, but as others have said difficult and time consuming to pursue
beyond an official sounding emailed warning written on your attorneys letterhead.
 
Gino

Gino

Premium Subscriber
I think I'd be a little more than upset and if for personal satisfaction only, I'd not only write them a letter, I'd call them and tell them how sad you are that they used your artwork in such a negative manner and to connect not only your company, but the original company which paid you good money to come up with an original logo and has been put to bad taste in the same venue of advertisement/propaganda.

Since they have no imagination and must resort to stealing other people's copyrighted material, you are wondering how that would look to the general public of how the very government which says it will protect Americans and the American Dream steals from the very same people ??

You know.... it's one thing when another shop or company steals your designs, but to have a political organization do it.... is not flattery in my opinion, but sheer stupid boldness on our government's part.

I for one, think you should at least try to do something about this one.

It would be great to see on the news at 5 0'clock...... local design company sues XYZ political group for using logo and bastardizing it to fit their horrid ways of political practice. Local design company to receive $27.8 million in damages and the company from where the design was stolen receives another $603.5 million for suffering and damages to local reputation.

Yeah, that's the ticket I wanna run on.................... truth and honesty for a change. :rock-n-roll:



Yep, that's my new slogan..... You want CHANGE ?? We'll give ya CHANGE....TRUTH & HONESTY for a change........... :wavingflag:​
 
Sideshow

Sideshow

New Member
^^^ I didnt think about it like that....LOL this isnt a person to person, but person to corporate / political... good catch
 
Marlene

Marlene

New Member
It seems to be used as a Parody but it's not a parody of the logo or the business that uses the logo but of a candidate. So I would say no it's not ok.
Click to expand...

I get where you are coming from but also get why they used the store logo. did you sell the logo to the store? if so, wouldn't they be the ones to file a complaint if it is being used for something other than their useage? can you file a complaint after a logo has been sold? if you still own the logo, how do you go about getting them to stop using it?

Is copying someone else really the highest form of flattery
Click to expand...

not in our world it isn't. when you design and sell logos as your business, being copied is hardly a form of flattery. it would be like being flattered because someone stold your car because they wanted to have what you own.
 
Dan Antonelli

Dan Antonelli

New Member
I just showed it to the client and they were not pleased to have their mark used in this manner. Not sure if they will pursue it any further. Yes, they would be the ones to pursue this, not me as the original designer. But as the original designer, I might point it out to the offending party.

Marlene, - yes I sold the logo to them back in 2002 I believe.

Gino- can you represent me and we'll split the judgement? LOL
 
Marlene

Marlene

New Member
But as the original designer, I might point it out to the offending party.
Click to expand...

that was what I was wondering as who would do the filling of the complaint. it seems like either of you could even if you did sell it. even if I personally don't like the woman, it was being used to mock a person which isn't what it was designed to do. even if you did sell it, could you have it pulled because of the use or does it have to be the owners of it? in this case, it isn't being used by a scary group but what if it were? do you retain any rights to useage?
 
JWesthead

JWesthead

New Member
Agree, VALID POINTS however the reality of it.....: A lot of back and forth here and skipped over a couple posts but from my understanding your designed logo, has been put on the internet, which is a public domain and as long as someone didnt sell the logo for a profit they can use it as they please (BLOG: freedom of speech?) . Would this be any different than (example) SideShow ...using the USMC logo as his avatar and saying something in one of these posts that the USMC doesnt completely agree with.....or someone using a team logo or whatever....?
 
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