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Fair use Policy

by modinho
17 replies
Dear Warrior forum,

Is it fair use to use thumbnails on my website, like example WhatsApp Logo ?
Please see below attachment.

I have read information on the internet which also allowed Google to use thumbnails, but in how far am i allowed to use it, i know that for Affiliates there are other rules and images provided can be used to promote and write articles about.

Any suggestions if this is fair use what i do ?
( i do not promote anything on the article for products which are not affiliated )

Fair Use

The fair use or nominative use of a logo is recognized for purposes of description and identification. A newspaper, for instance, can incorporate a corporate logo in an article about a company’s annual report. Trademark allows an author of a nonfiction work to use a trademarked logo only to describe or identify the product or service of the company it represents. It might not be considered fair use, for instance, for a book on the general condition of the auto industry to incorporate only the logo of Ford Motor Co., on its cover. An article on the release of a new product using the logo of a competitor is even more likely to be found an infringement of trademark. Actual findings of infringement are left to the courts.
#fair #policy
  • Profile picture of the author Steve B
    When you say "fair use" and "logo" in the same sentence I get antsy.

    To my way of thinking, "fair use" relates to quoting short snippets of text that you want to comment on or evaluate.

    Unless the owner specifically states that you can use an image, I would stay away from "using" anything but my own. Of course, there are many images you can license and some that do come with sharing rights.

    In addition, you need to be aware of trademark and tradename issues which might apply to the "whats app" example you gave.

    Get permission from the owner first.

    Steve
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    • Profile picture of the author Alixbatly
      Banned
      [DELETED]
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      • Profile picture of the author Joan Altz
        Originally Posted by Alixbatly View Post


        Please stop quoting spam messages!
        Oh, if we could just axe alix.
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        • Profile picture of the author Kay King
          much better to report it than to copy it
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        • Profile picture of the author Dennis Gaskill
          Originally Posted by Joan Altz View Post

          Oh, if we could just axe alix.
          Be careful about quoting spam posts like you did. With so few words in your post it could be mistaken as spam.
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    • Profile picture of the author modinho
      Originally Posted by Steve B View Post

      When you say "fair use" and "logo" in the same sentence I get antsy.

      To my way of thinking, "fair use" relates to quoting short snippets of text that you want to comment on or evaluate.

      Unless the owner specifically states that you can use an image, I would stay away from "using" anything but my own. Of course, there are many images you can license and some that do come with sharing rights.

      In addition, you need to be aware of trademark and tradename issues which might apply to the "whats app" example you gave.

      Get permission from the owner first.

      Steve
      Thank you for your answer. I have sought on multiple websites including the government website of the U.S that stated that use of trademark logo's is fair use if you use it for criticism and news reports, i am running an blog and use the logo's to let people identify the post easily.

      I'd like to hear some people who also have a blog and how they do it.

      If you look in my first post's attachment you will see the example blog posts on the homepage.
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      • Profile picture of the author Kay King
        Fair use doctrine was designed initially as protection for educational textbooks and documents. It also can extend to media/reporting (critiques) and govt agencies.

        "Fair use" does not mean "using it because I think it's fair".

        An article on the release of a new product using the logo of a competitor is even more likely to be found an infringement of trademark. Actual findings of infringement are left to the courts.
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      • Profile picture of the author sbucciarel
        Banned
        Originally Posted by modinho View Post

        Thank you for your answer. I have sought on multiple websites including the government website of the U.S that stated that use of trademark logo's is fair use if you use it for criticism and news reports, i am running an blog and use the logo's to let people identify the post easily.

        I'd like to hear some people who also have a blog and how they do it.

        If you look in my first post's attachment you will see the example blog posts on the homepage.
        Logos do not come under fair use. Are you a news reporter? Are you going to criticize the company? I doubt it. You probably plan to use it commercially and that is not fair use. Ask the logo owner if you want to use it. They could sue you otherwise.
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  • Profile picture of the author Tsnyder
    So here you are asking for legal advice on a marketing forum full of
    well meaning people who will want to help but who are marketers... not lawyers.

    See the problem?

    I'm not a lawyer either so this could be bad advice but if your blog is set
    up to review products and make recommendations... and you profit from
    those recommendations... my bet is the fair use doctrine won't protect you.

    So... your best bet is to ask your questions of someone who is actually
    qualified to give you answers you can rely on if the copyright or trademark
    holder objects to your use of their material.

    That would be a lawyer who is well versed in intellectual property law.
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    • Profile picture of the author JohnMcCabe
      Originally Posted by Tsnyder View Post

      I'm not a lawyer either so this could be bad advice but if your blog is set up to review products and make recommendations... and you profit from
      those recommendations... my bet is the fair use doctrine won't protect you.
      That's my layman's take on it, too. Yes, a newspaper might use a logo in a story to sell papers, but they don't profit if the reader goes on to buy the item discussed in the article.

      Originally Posted by Tsnyder View Post

      So... your best bet is to ask your questions of someone who is actually
      qualified to give you answers you can rely on if the copyright or trademark
      holder objects to your use of their material.

      That would be a lawyer who is well versed in intellectual property law.
      Best advice you'll get on the subject. Even then, you're getting that lawyer's educated opinion of what might happen. One look through some of the zany decisions made by judges and especially juries will tell you that there's no such thing as a definitive answer in commercial law.
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  • Profile picture of the author JensSteyaert
    I do'nt think it's even worth trying it, jsut have something created which is your own and it's impossible to get in any trouble
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  • Profile picture of the author modinho
    Dear readers,

    Thank you for taking the time to answer and clarify some issues based on your opinions.
    As i already stated is that Whenever i use a LOGO which is trademarked i do not post any affiliate or try to sell something, i only write the article for educational reviews or news report/criticism.

    Whenever i sell products using logo's i only use logo's from affiliate partners.
    i see allot of blogs they use logo's for news and reviews, on my opinion this is ok.

    Anyone have experience with this.
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    • Profile picture of the author Steve Pine
      Originally Posted by modinho View Post

      Dear readers,

      Thank you for taking the time to answer and clarify some issues based on your opinions.
      As i already stated is that Whenever i use a LOGO which is trademarked i do not post any affiliate or try to sell something, i only write the article for educational reviews or news report/criticism.

      Whenever i sell products using logo's i only use logo's from affiliate partners.
      i see allot of blogs they use logo's for news and reviews, on my opinion this is ok.

      Anyone have experience with this.
      Using a logo of a company when you are writing something educational, editorial or a critique is fine. You can't use the logo for commercial purposes (such as in an ad or on a T-shirt) and you cant use that logo to promote yourself or your article but you are allowed to show the logo of the company in a piece you write about them.
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  • Profile picture of the author modinho
    I have asked my question on Lawguru.com i will get back to you guys as soon as i receive an answer.
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    • Profile picture of the author JohnMcCabe
      Originally Posted by modinho View Post

      I have asked my question on Lawguru.com i will get back to you guys as soon as i receive an answer.
      Another option is to check the corporate websites of the companies in question. Many have guidelines for using their logos published onsite. Often you can find them under Media Relations or similar. If not, start there and simply ask where you can find the guidelines.
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      • Profile picture of the author MNord
        In my day job I frequently deal with fair use issues. I consult a very experienced intellectual property attorney when there is a question, and often even he is uncertain as to whether something would fall under fair use. He explained that "fair use" isn't always completely clear.

        So in those cases I play it safe and don't use the material.

        Definitely consult an attorney. But you may not get an answer that gives you 100% assurance. Proceed with caution.
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        • Profile picture of the author Johnny1975
          Quick question.

          If I did this...

          Have a video on youtube of me playing a song (just the chords, no melody), make it public, and not profit from it...and...link to the video from a digital product that I'm selling...and...include the video as part of the product...

          ...would that be ok under fair use?
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  • Profile picture of the author RobinInTexas
    If I were monetizing the blog elsewhere, I would not use anything trademarked or copyrighted without permission.

    I am not a lawyer, in fact have no legal training whatsoever. I don't even play a lawyer on tv.
    In no event will I be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of my opinion. Taking legal advice from anyone via the internet is a bad idea, you should do your own research and consult proper legal counsel before embarking on anything after breakfast.
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    ...Even if you're on the right track, you'll get run over if you just set there.
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