posted
I was sent a letter from a well known fast food chain to remove pictures from my website that included a picture of their logo in signs that we had made for them.
Has anyone else had any problems like this? I was approved to use the logo to produce the sign for them and it is an example of our work in producing the sign that I want to include in my portfolio. Does anyone have any information how copyright infringement applies to sign companies?
Thanks! =)
-------------------- Laurie Roberts Roberts Graphics P.O. Box 851 Wildomar, CA 92595 rgraphx@earthlink.net
-------------------- Laurie Roberts Roberts Graphics P.O. Box 851 Wildomar, CA 92595 rgraphx@earthlink.net Posts: 13 | From: Murrieta, California | Registered: Mar 2003
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posted
Just block out the logo with a red square with the words "logo removed at clients request" and leave the images as well as the clients name there. Then email them and ask if that will work. Some times power and rules overcome logic. Why don't they just take the free advertising.
-------------------- “Did you ever stop to think, and forget to start again?” -Winnie the Pooh & A.A. Milne
Kelly Thorson Kel-T-Grafix 801 Main St. Holdfast, SK S0G 2H0 ktg@sasktel.net Posts: 5496 | From: Penzance, Saskatchewan | Registered: May 2002
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posted
Fair use policy over rules some of these requests. If you display it in a and new report manner they cannot object.
-------------------- Leaper of Tall buildings.. If you find my posts divisive or otherwise snarky please ignore them. If you do not know how then PM me about it and I will demonstrate. Posts: 5274 | From: Im a nowhere man | Registered: Jul 2001
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quote:§ 107. Limitations on exclusive rights: Fair use40
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
posted
Some clients in our past have been reluctant to allow us to use photos of work we did for them on our website. I know from experience that if you do work for Disney the contract you must sign specifically states you cannot even say you did work for them - never mind use photos on your website.
Most clients, however, are pretty happy to receive the exposure and advertising.
-grampa dan
-------------------- Dan Sawatzky Imagination Corporation Yarrow, British Columbia dan@imaginationcorporation.com http://www.imaginationcorporation.com
Being a grampa is one of the the most wonderful things in the world!!! Posts: 8738 | From: Yarrow, B.C. Canada | Registered: Nov 1998
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posted
There are two companies that I make and install all of their signs. They both have confidentiallity agreements that say I can't even tell anyone I have bid a job with them.
The strange part is, both of them require that my van be lettered with my company name before I can take it on site.
-------------------- Don Hulsey Strokes by DON signs Utica, KY 270-275-9552 sbdsigns@aol.com
I've always been crazy... but it's kept me from going insane. Posts: 2275 | From: Utica, KY U.S.A. | Registered: Jan 1999
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posted
I was asked by General Motors to remove all the images off our website and to stop using corporate logos on our windows splashes that the dealers asked us to use. They also asked me to remove them from our USA site even though they were GM Canada. I pushed the limit to see what they would do and sure enough USA GM called and asked politely! so we did!
posted
Kelly's answer is the best. Just block out their logo and go on down the road. Keep it simple.
Here in KC, use of any of the Chief's logo stuff is carefully watched like a hawk. I had 43 large grocery stores who were actual sponsors of the Chiefs and I did a late summer BBQ theme with the Chief's wolfe character and an arrowhead with the word GO CHEFS in it to emulate the Snickers old ad of the guy mis-spelling the end zone markings and in frustration, ate a delicious Snicker's bar. Everyone thought it was real funny and appropo for the BBQ campaign, however after getting 18 of them done, the Chiefs had lost three games and the client asked that I go back and change all of them to CHIEFS. They paid me for the changes, so no big deal, however it did cause a major uproar with the loyal supporters of the grocery chain, their customers, complaining that the Chiefs were being too picky. The Chiefs had no say in the matter. It was just a few public opinions that caused them to want the change. The entire campaign was removed in just a few weeks and they embarked on a new one, having nothing to do with the sponsorship of the Chiefs. I thought the whole thing was quite humorous, but the public opinion definitely made the client uneasy. Oh well. I got the work and made tons of dough on their unfortunate dilemma. Bottom line, is be very careful using corporate or sports logos. Needless to say, I do not use that chain's images on my website out of respect to the Marketing Director's request.
I have done many Ford logos, GM and other car company logos on windows before. I have never run into any problems. Did a big NISSAN logo and the zone manager even called me to request my doing some other stores with it in announcing a new campaign at one point. I guess it is a struggle between the lawyers and the marketing people and depending on who has the most clout...
My advice is to be respectful to the logos and always be prepared to deal with some lawyer-ese.
-------------------- Preston McCall 112 Rim Road Santa Fe, New Mexico 87501 text: 5056607370 Posts: 1552 | From: Santa Fe, New Mexico | Registered: Nov 1998
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We did work (award) for a company. We got permission and the release from the local general manager. However, a friend (art marketing teacher) told us to contact the main office. We did and they were reluctant to give us a release. They said we could show that we did the work, but only in Phoenix (how do you do that on a website). So, we declined the job unless we could use the image (we didn't want the corp office to come back on us for using a logo they didn't approve). Since the general manager of the Phoenix office wanted this special award (he liked the mock up) he got them to give us a second release (we wrote the contract in our favor but ultimately very respectful to them by listing exactly how we would use it - all the t's crossed and i's dotted before we would do the work). So, I always get the Corporate office to approve it if I want to use the image. I would try and get the main office to approve it, or if they won't then block out the logo like the above comment. Most of the time, we shy away from logo work and state to the company what we need them to obtain for us (they have better pull with corporate than we would)
posted
Thank You everyone for your experience and advise =) I really appreciate it. I think I will spend some time today in Photoshop "erasing" the images of the fast food logo from my pictures. Maybe we will have a little fun with it! A funny thing is I could post my pictures on their Facebook page wall...I guess that's "ok"?... and what about my truck antennae ball...do I have to remove that too? I've gotten kind of attached to it =)
One good thing is the lawyers sent me some really good pictures of my website...better than I could have printed on my printer ( I think they are laser prints ) and I'm sure at least a few people had a really good look at my website! One thing I have learned after 30 years in the sign business is there's no such thing as bad publicity!
Thanks Again =)
-------------------- Laurie Roberts Roberts Graphics P.O. Box 851 Wildomar, CA 92595 rgraphx@earthlink.net Posts: 13 | From: Murrieta, California | Registered: Mar 2003
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posted
Our contracts specifically state we have the right to publish work produced for the client on our web site or in print unless requested otherwise. To date, only one client has asked us to not publish the work, and that was only because they were reselling our work.
"Some are born to move the world, to live their fantasies. But most of us just dream about the things we'd like to be." - Rush Posts: 1192 | From: Washington, NJ | Registered: Feb 1999
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