Discussion Forums  >  Capturing Images, Uploading Data

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Azz
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07/20/12 12:05 PM (10 years ago)

Help understanding copyright

Hi I'm thinking of making an app to do with logos as these seem popular at the moment but just taking my own twist on it, is taking a logo and putting that in to an app classed as copyright, or would it be ok just as long as I changed something on the logo itself? Thanks
 
ceerup
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07/20/12 12:08 PM (10 years ago)
Logos are 99 percent of the time copyrighted especially if they are popular. I wouldnt mess with copyrighted pictures
 
Fred@mySkylla com
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07/20/12 12:25 PM (10 years ago)
The question is not, "Is it copyrighted?", because it is. The question is, "Is my use, 'fair use'?" Basically fair use means that your using it in a fashion that doesn't negatively impact the copyrighted work (ridicule is not included). Excerpt from ( http://www.copyright.gov/fls/fl102.html): reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair. 1. The purpose and character of the use, including whether such use is of 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 4. The effect of the use upon the potential market for, or value of, the copyrighted work The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. Therefore, I would conclude that use as in logos quiz app is OK. Just don't make the mistake of using someone's logo as your app icon. Fred
 
GoNorthWest
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07/20/12 01:03 PM (10 years ago)
There are a number of apps on the Android market that do a logo-based quiz, so my quess is that use in those circumstances is OK. As long as you don't claim the logo is yours...modify it in such as way as to make an inflammatory statement...or try to use one to represent your product, I think you're good. Mark
 
Paul Rogers
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07/20/12 01:28 PM (10 years ago)
Don't assume that because logo based apps are already in the marketplace that it's ok. They could be gone tomorrow. The law of fair use is purposely ambiguous to favour whatever action the copyright holder chooses to take.
 
GoNorthWest
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07/20/12 01:44 PM (10 years ago)
Good point @raveyd!
 
joeEvariste
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07/27/12 01:12 PM (10 years ago)
You can always ask for permission. Just remember, nothing is free.
 
Takagi
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11/19/12 01:11 PM (10 years ago)
I had a copyright problem with funimation awhile back on my birdyanimeapp. It was using material from and referencing to an anime to which they held rights to in the USA. They told me to take it down or else they would sue. I explained to them my app was free of charge so i was not making any profit whatsoever. I then told them the app is a dedication to a great anime and references it, educates people about it and I am protected under the fair use doctrine. I also showed them in the copyright section i gave full credit to the creators of the anime and to funimation. they then said it was OK to keep my app up. later on funimation uploaded every episode to YouTube so i connected my app to each episode for fans to watch. in that sections copyright i made sure to note the episodes are provided/uploaded by the copyright owners and i am only referencing to their upload. I also made sure to mention the provider holds the rights for viewing in USA and Canada and that it may not apply to those outside those territories.
 

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