Forum Moderators: not2easy
You go to a pro sporting event, take a few pictures here and there. You use a picture of an athlete on your Web page...the Website isn't selling anything per se and the athlete isn't that recognizable in the picture. Also, it doesn't at all look like the athlete is promoting and given entity.
And/Or...you were given permission to use the photo on your site via a professional photographer for a known entity? I hope that makes sense.
Trouble?
In general, public figures, including athletes, have a lower expectation of privacy than the rest of us. However, both the individual athlete and the team have strong motivation to avoid any kind of unauthorized commercial exploitation of his/her image as well as team logos. Therefore, even if your use isn't selling stuff or implying endorsement, it's possible you could hear from their lawyers.
On the other hand, you could just go ahead and do it; if they bug you, taking it down will likely be sufficient. If you are lucky, they'll either never notice or won't care if they do.
There's a difference between photographing a celeb walking down the street and photographing them shooting a scene in their latest movie.
In the second case you've got to consider whether the moviemaker, or in this case the event promoter, is going to be a bit miffed about use of their event. (or, as rogerd covered, the team management and logo use)
If it's a strictly non-commercial use you might be fine... probably depends on what side of the bed their lawyer got up on the day they find your site. But if it can be construed in any way as related to a profit activity, even if drawing traffic to a non-commercial page of a commercial site, then anything is possible.
Thanks
I see the logo used on a LOT of other sites; This one had some really high rankings and visibility, probably why it got caught.
With the credit cards, you'll probably find there is a permission to use the logos included in the merchant agreement. In that case the CC companies WANT them used everywhere they can. And it's really no use for a merchant to display a discover card if they can't take the payment, so the potential for misuse is a bit lower.
BMW has a more exclusive 'air' to it and will want to maintain that. Expect them to be much more restrictive about use of their logo - who gets to use it and in what circumstances.
In each case it will come down to your agreement with the logo owner.
What's my name got to do with it? [domainsillustrated.com]
Still a bit confused with some aspects though. Wilson has a page on their site where you can download the logo in different sizes and formats, and really mentions nothing of its use?
I'm wondering if all of these sites (and there are alot of em) I see with logos have actually asked permission or are simply chancing it.
I'm wondering if all of these sites (and there are alot of em) I see with logos have actually asked permission or are simply chancing it.
A lot are chancing it. However, you can't be sure.
You mentioned Wilson, and the fact that they want their logo out there. Good for them, I can see it as a marketing tool.
BMW and others have an issue with 'trademark dilution'. I don't really understand the concept, although we'll have lawman and others commenting. You see golf or tennis pros with logos and stuff, they want them to wear them (and pay them to wear the logos). However, if you've got a really cheesy website, I guess they don't want it advertised (or associated in any way). I can understand that.
What is 'trademark dilution'?
What is 'trademark dilution'?
It's what makes us say kleenex instead of facial tissue, saran wrap instead of plastic wrap, chapstick instead of lip balm, etc.
The trademarks became so commonly used that most people don't realize they're actually trademarks, so it's a lot harder for the company to protect them. I think Velcro and Xerox got pretty hard-nosed after theirs spontaneously morphed into verbs. ;)
[edited by: vmcknight at 4:40 am (utc) on Sep. 16, 2002]
If I were Kleenex, that's EXACTLY what I'd want.
Xerox - The point is that it doesn't matter any more? Any copier will do?
e.g. I'll Xerox that on my Canon?
I think I answered my own question.
just curious
DoU
Trademark dilution is not a good thing. While a company may want its trademark well known, when it gets to the point of being synonymous with an industry, it loses its meaning. In-line skating becomes rollerblading, and you purchase wichever brand appeals to you, not necissarily RollerBlades. This is another company that has purchased ad space in journalism and trade publications appealling for its trademark to not be used improperly.
