Copyright and logo use

[sleeveofwizzard 104]

Ok so I am getting everything together for a job I am starting. Doing some hole sponsor signs and a banner for a charity golf event. I told the customer from the get go that I will need a release from each company giving me permission to print / cut their logo for this event. Just curious what you guys have done in this type of situation and what I need to make sure is on the release. I don't want to break any laws. Also the banner will have names only and not the logos, is this the same thing or does the copyright only apply to he logo?

 

I may create a release myself and have him send it out to the clients, hmmmm.

[mopar691 281]

Generally situations such as this the part of the "sponsoring a hole" also includes this advertising and such that they are expecting. If you go about asking for releases when they already gave them their advertising dollars they might wonder whats the hold up.

[jaybyrd 3,770]

When they pay their sponsor fee I feel sure advertising is expected so I treat these as if the actual company came in for the job. However some companies do like to give final approval for artwork relating to their business.

 

Jay

[OWJones 1,981]

Company names are covered by Trademark, Not by copyright.

 

For example, Coca-Cola is trademarked - the fancy red script Coca-Cola^© logo design is copyrighted.  Trademarks are used to avoid potential consumer confusion in the marketplace - they do not restrict other possible uses of a trademarked word or name like copyright does.

 

As long as you're only making a sign for a sponsored golf hole that features a brand name (not logo!), then you are not violating their trademark - if you were making water bottle labels featuring sponsor names and one of them was Coca-Cola, there would be a potential trademark problem.

 

If you mimic the font(s) and color(s) used in the logo, then you're approaching copyright violation, so it's best to not try and get too close unless the customer specifically requests it and that is when you pull out the "please sign this waiver stating that you have permission from the copyright holder" paperwork.

[slice&dice 2,450]

This is outside the purview of "copyright violations" --- these works you are creating are commissioned for the express purpose of providing those companies advertising, so you are not "stealing" anything from them. Your client is technically acting as an agent for them, and as such you are fine by using their names & logos in this context.

 

(IANAL)

[Smokem 35]

For me this is a logic only train of thought.

IF...  I was doing the signs for the golf event.....  and the sponsors of given holes did not provide their own
logos... in an appropriate size for use on the sign...... 

It would seem to me I would be doing them a favor by scaling "their" logo for proper display at the event.

I am guessing I would not go through any serious effort to acquire "hold harmless" letters.

My two cents

[skarekrow 1,842]

I gotta agree with you there, Smoke... Folks are waaay too fearful of litigation today. I would probably take a pic or two of the actual signs displayed at the event, but I too would have gone the extra mile and stuck their logo on it for them. Most likely, they would have thanked us (as most of my customers do) for the nice looking advertising, not sue us.

[OWJones 1,981]

It all depends on who is the sponsor and what is their relation to the logo in question.

 

If Ford Motor Cars is one of the sponsors, you're probably safe to use a Ford logo on their sign.

 

If "Crazy Eddie's Discount Car Lot" is one of the sponsors, Ford may or may not be happy about having their logo on his sign.

 

It is highly doubtful that Crazy Eddie is going to sue you over the Ford logo - but you never know how the IP protection lawyers at Ford are going to react.   Especially if it's an event that conflicts with the general beliefs of the Ford Motor Company and/or their primary customers.  Ford probably does not want their logo on signs at the West Boro Baptist Church's "God Hates Fags Golf Outing" or a "Legalize Bestiality!" fund-raising event (they might, but I hope not!).

 

Right now it seems that all corporate lawyers are in "sue first, ask questions later" mode and it's better to be safe than sorry - especially if you own your home and you haven't set up an LLC or other corporation to protect your personal assets against judgement and seizure in case you are sued and lose.

 

You might think that companies appreciate the "free advertising" but it's not our right as sign/decal makers to make those decisions.  Review this classic thread for what can happen when you think you're helping someone advertise... http://forum.uscutter.com/index.php?/topic/17644-warning-to-everyone/?hl=dewalt

[sleeveofwizzard 104]

Thanks Jones, I like your response. There is only two bigger names on the list and they are going to be listed on the banner as contributors. I have all the paperwork that was filled out by the companies describing what they want on their individual sign. Most are just name and number or website address. A few want their log but they are all small local companies that requested in writing to have their logo produced on these signs. 

[skarekrow 1,842]

so you wouldn't have gotten sued? cool.