| copyright/legal question |
 9krausec |
If I am making a cg computer that is modeled after a compaq, and I proceed to put the HP logo as well as the compact logo on the computer and then decide to sell the model, would this be legal or would I get my pants courted off?
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9/9/2010 9:07:35 PM (last edit: 9/9/2010 9:07:35 PM)
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| advance-software |
Depends if anyone cares.
If they do, they own the trademarks which you would be using without permission, so they could sue.
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9/9/2010 9:09:02 PM (last edit: 9/10/2010 10:09:15 PM)
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| Nik Clark |
I'm 99.9% sure they wouldn't be too keen on the idea.
Make it look like HP, but subtly be something else, that's my opinion.
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9/9/2010 9:15:53 PM (last edit: 9/9/2010 9:15:53 PM)
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| 9krausec |
Well I see on turbosquid alien ware, dell, and hp computers. So these guys are risking being sued?
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9/9/2010 9:18:06 PM (last edit: 9/9/2010 9:18:06 PM)
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| advance-software |
Yes. Just because it hasn't happened yet doesn't mean it won't.
I'd cover your arse & do as Nik suggests.
Usually what happens is they send out a cease & desist letter before taking any further action.
TurboSquid probably isn't on their radar yet.
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9/9/2010 9:20:20 PM (last edit: 9/9/2010 9:21:46 PM)
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| 9krausec |
Well I just got off the phone with a HP rep and I am sending an email with more information to them. I will post a reply when I hear whats up.
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9/9/2010 9:39:20 PM (last edit: 9/9/2010 9:39:20 PM)
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| Jock |
Look up editorial license on turbosquid, it was brought in for the exact reasons youre mentioning.
Before that you could put up anything unless a takedown was issued to TS, which was the case for several things like caterpillar, lockheed, and many others.
I got a product blocked for a little while because i had KW in the description, though mine referred to kilowatts, there was a takedown for kenwood.
Turbosquid has been on plenty radars and more often than not its not even the people themselves but third parties who do the work, but theres ways round out which have been brought in recently.
In theory it means the products should only be used by news companies and the likes, the reality is, youve told them how it can be used, what and who does what with it is up to them, nothing for you to worry about.
http://blog.turbosquid.com/2010/04/08/turbosquid-editorial-license
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9/10/2010 12:11:20 AM (last edit: 9/10/2010 12:13:56 AM)
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| soontekk |
i have been looking in to this the last year and my advice would be to avoid all logo's and trademarks as well as recognisable designs and obvious resemblance.
it's going to become a trend to sue people, better be safe
/ FOS4 / FO2 / iStockphoto / Twitter / Facebook / Vimeo /
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9/10/2010 12:07:59 PM (last edit: 9/10/2010 12:07:59 PM)
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| dd |
/me remembers the emails and phone calls from a certain construction equipment company over a certain mini digger/fork lift truck and a robot and shudders.
I agree don't use logos or other company branding as some will come after you and you need to ask yourself is it worth the risk?
http://www.max3d.org
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9/10/2010 12:52:47 PM (last edit: 9/10/2010 12:52:47 PM)
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| debodeebs |
best thing to do is email them ask them if its ok to use there logo and if they say yes make sure to keep a copy of that email. so in future if they were to go on one you have proof
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9/10/2010 1:18:18 PM (last edit: 9/10/2010 1:18:18 PM)
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| hiostu |
Companies have to actively protect their trademarks otherwise the trademark will not be valid anymore.
-------------------
My Photographs @ Flickr
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9/10/2010 1:35:39 PM (last edit: 9/10/2010 1:37:53 PM)
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| 9krausec |
alright, so next question.. What if I were to alter the logos to make them different/my own, but still so they are noticeably inspired by real life logos? Like make a intel sticker for a cpu the same color scheme and design (for the most part) but change intel to something like super9 or something stupid like that?
EDIT: What about cars then? If someone wants to buy a car on turbo and searches for a 1974 charger then what? The model better not be a 1974 charger with the dodge logo on it or that would be stealing the design and logo. How are cars any different than computers (well, putting aside the obvious).
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9/10/2010 3:09:30 PM (last edit: 9/10/2010 3:15:12 PM)
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| advance-software |
Sounds like your 9krausec inside logo would be fine.
IP law applies to everything, it's not specific to cars or computers.
As far as design protection goes - there's something called design patents but I don't know anything about them.
You really need to ask a lawyer not us lot - they'll be able to identify case law where things have been successfully challenged/enforced, etc.
If in doubt, modify a little unless you're deliberately trying to provoke a reaction or have been given explicit permission (in writing).
Maybe go find a law board & ask them if you're interested in knowing exactly what you can/can't get away with.
(then come back & tell us !)
You can use the IP of others for private study. The issue is public display & commercial sales.
I'm not 100% clear where the line is either. If I take a photo inside a McDonalds, it'll have their logo in it .
Can I sell that photo or display it on my website ?
Journalists record video from outside corporate headquarters of whatever company some story is about. Do they need to ask permission if the shot includes the company logo ? What about online news - you have a story - you want to put the logo of the company its about by the story. Can you do that ? Do you have to ask permission ?
Now I'm confused too. Hope you're happy. :P
* Goes to study TS editorial license *
@ Jock - I know, thanks. Haven't had time to study yet. Does it explain what you can/can't use from a user/publishers perspective ?
Need to learn more media law.
Note to self. Read this : http://en.wikipedia.org/wiki/Entertainment_law
read 271 times
9/10/2010 7:25:31 PM (last edit: 9/11/2010 12:25:18 PM)
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| Jock |
@9krausec
Ive already explained to you what happens on Turbosquid, and you can sell any item, any logo you like as long as its under the right licence agreement.
Ive even given you a link...
Feel free to build a car then not call it what it is, but dont expect any sales either as when people buy the likes of cars they search for specifics, so if you dont have them, they will never find your car. Everyone else will continue selling them under what they are.
@AS
Yeah if you go into the editorial user information page then you can get a good decription which is for the end user and tells them exactly how the item is allowed to be used.
Editorial licences arent just something used by Turbosquid mind you, you'll find it at all the top 2D stock sites, thats where TS got the idea from.
read 228 times
9/11/2010 12:16:41 PM (last edit: 9/11/2010 12:39:32 PM)
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| advance-software |
Thanks.
From: http://www.turbosquid.com/EditorialInfo
"Content published with the Editorial label may only be used in an editorial manner, relating to events that are newsworthy or of public interest, and may not be used for any commercial, promotional, advertising or merchandising use."
So ... if we publish a news or public interest story on our website, we can use logos, branding & product models of third parties without getting their permission first ... or so it would seem. Interesting.
Obviously we have to pay the ts license if we're using anything licensed through that content pool.
read 192 times
9/12/2010 6:15:44 PM (last edit: 9/12/2010 6:25:15 PM)
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