haumana 1,221 Posted September 3, 2009 Is there any infringement issues by passing along a copyrighted logo? or is the infringement only when it's being used without consent? i.e. downloading the vector image from BOTW, or if posting it on this forum because some asked or just offering it up out of the goodness of your heart? Does cutting it alone constitute infringement? or only when seen by others? Share this post Link to post Share on other sites
mikerob2334 2 Posted September 3, 2009 From copyright.gov: Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights. Whether or not a particular work is being made available under the authority of the copyright owner is a question of fact. But since any original work of authorship fixed in a tangible medium (including a computer file) is protected by federal copyright law upon creation, in the absence of clear information to the contrary, most works may be assumed to be protected by federal copyright law. Share this post Link to post Share on other sites
Jay2703 704 Posted September 3, 2009 WOW, that says a lot. Just having the file.... Jay Share this post Link to post Share on other sites
sheister 1 Posted September 4, 2009 I would like to expand on this discussion because I see many ppl selling Ford, Chevy and many other types of logos and it seems to be excepted practice. Is there some kind of loophole that allows for these decals to be sold?? Common sense would seem to say no but its so widespread it makes me wonder. Any thoughts?? Share this post Link to post Share on other sites
mikerob2334 2 Posted September 4, 2009 No loophole, just lucky people. A lot of it has to do with volume. More volume the more chance of getting nailed. Share this post Link to post Share on other sites
knucklehead 530 Posted September 4, 2009 Like I've said before. If you have to ask, well, you probably already know the answer. Share this post Link to post Share on other sites
CyberChuck 4 Posted September 4, 2009 From copyright.gov: Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights. Whether or not a particular work is being made available under the authority of the copyright owner is a question of fact. But since any original work of authorship fixed in a tangible medium (including a computer file) is protected by federal copyright law upon creation, in the absence of clear information to the contrary, most works may be assumed to be protected by federal copyright law. The simple fact that the owner of the copyright has their logo on their website means it is perfectly legal to posess it on your computer - they have forced you to download it. In order for a web page to be rendered on your screen, ALL images and text and styles, etc are downloaded to a temp directory on your computer. If you can see it - you have already downloaded it. And if you look for it long enough, you will find it on your system AFTER you have disconnected from the internet (unless you routinely purge your temp files). Now selling it is an entirely different matter. Charlie Share this post Link to post Share on other sites
Rodger 527 Posted September 4, 2009 It has been said before , but 99.99 % of the time , it is a civil matter . It costs alot to go after somebody civilly , especially if it isn't a settlement after the first letter . The cost of criminal charges is paid by the government but no compensation for the " owners " of the intellectual property . .I don't mean to minimize the risk/exposure .. but many things are illegal , but very rarely enforced . Making anything not created by yourself runs a risk . The flea market/ E-Bay sales are asking for trouble IMO , but many get away with it constantly . Making stuff for yourself & then friends is 1 thing , selling to strangers is another . Having the files making stuff for yourself is 1 thing , having those files & selling to strangers is another IMO . Best to err on the side of safe Share this post Link to post Share on other sites
