Re: one more comment on logos

Subject: Re: one more comment on logos
From: denise tanka <denise.tanka@xxxxxxxxxx>
Date: Thu, 29 Jan 2009 08:59:51 -0500
Let's no confuse trademarks w/ copyrighted material. (That 'TM' after the Google logo signals a unregistered trademark-- quite a different matter than copyright.)

*My* $.02

--D

On Jan 28, 2009, at 6:59 PM, Kathrine Henderson wrote:

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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