hi, i am working on a print ad. for client, if i use a global corporate logo(such as McDonald) or image (such as KFC) (just cropping part of it, showing like 1/3 of it), is it illegal to use? or their trademark only valid in whole image not part of it? thanks.
2007-10-30 09:30:48 · 7 answers · asked by kermit 1 in Politics & Government ➔ Law & Ethics
The copyright extends to "derivative works," which would include the identifiable portions of each entity's work in your ad. One ad could violate many copyrights. I would avoid your intended action unless I had legal advice from an intellectual property attorney (with good malpractice insurance).
See Title 10 United States Code, Section 103.
http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000103----000-.html
This is not legal advice, I am not an attorney, I am just some guy from the Internet.
2007-10-30 09:40:42 · answer #1 · answered by Anonymous · 1⤊ 0⤋
This is a question for the client's trademark attorneys.
Oh they don't have one? Maybe you shouldn't make them get one if it not part of the budget for this campaign.
You should know that trademark holders are OBLIGATED to pursue every case big or small with all their might, because to do otherwise risks losing the trademark completely.
That being said, there may be Fair Use cases, such as if you are making direct comparisons between competing products where you can use the logo. But even that may not apply outside the US, as that type of ad is banned in some countries.
2007-10-30 17:22:58 · answer #2 · answered by Barry C 6 · 0⤊ 0⤋
Corporate Logos and Image Copyright is very hard to fight in court and just using a portion of logo or image can get you in trouble if they find out where it came from. I would do more research on the matter with a copyright attorney before submission to your client. He can go over the ins and outs of the law an make sure you are more protected from unsightly court costs and legal fines and fees to the corporation you took the logo or image from.
2007-10-30 16:38:08 · answer #3 · answered by Anonymous · 0⤊ 0⤋
it's still illegal to use. Usually it's worse if you "miss" used the logo. I work for an agency and have come across similar situations. some corporations are very picky about their logos - like Target and General Mills. Using it incorrectly let alone without permission can be a big issue
2007-10-30 16:35:20 · answer #4 · answered by Anonymous · 1⤊ 0⤋
If it is recognizable as their logo then its a protected trademark and you could be subject to suit. Be creative and don't steal the work of others.
2007-10-30 17:10:44 · answer #5 · answered by Seano 4 · 0⤊ 0⤋
I am pretty sure they would sue you if the logo was recognizable.
2007-10-30 16:35:04 · answer #6 · answered by davidmi711 7 · 1⤊ 0⤋
in whole part , can be broken apart
2007-10-30 16:33:44 · answer #7 · answered by Mao C 1 · 0⤊ 1⤋