Subject: one more comment on logos From: Kathrine Henderson <kathrinehenderson@xxxxxxxxx> Date: Wed, 28 Jan 2009 15:59:50 -0800 (PST) |
Not a lawyer--so this is not a legal opinion, but I do not believe 107 and 110 exceptions are applicable to the use of trademarks like logos even if the nature of the use in non-commercial and educational. I'm not sure who mentioned the Latham Act, but I agree it is what is applicable here. Although attributing is always a good idea from a plagiarism perspective, I'm not sure that it would make any difference if one was accused of infringing on the mark. Although chances are slim to none that a student or professor would be called on the carpet for this kind of use, my view is we still have to make a good faith effort to follow whatever intellectual property laws are applicable. There's a lot to be considered when we use slogans, logos, and other marks and images-- from use of recognized fonts--google's is copyrighted by the designer of the font, and one can purchase it in a digital format for $100...to use of that famous Nike swoosh or Indiana Jones' face--could be Disney's could be Harrison Ford's rights we are stepping on. My $.02, Kat
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