Quick copyright question

[anonymous-user]

Hi All

Just a quick question regarding copyright, if you don't mind. I've used an (apparently) royalty free illustration from the tinterweb to create a logo for my new venture. It's actually quite difficult to determine where it's originated from as there's plenty very similar (a silhouette of a lady's head, in a cameo style) Although we've changed the image somewhat to suit the brand, added details, etc where would I stand if someone was to challenge the use of it?

Thanks in advance

Still skint emma

[ZDW]

not a lawyer. I think this might come under 'derivative works' and your logo would need to be significantly different. I don't know how that is decided.

Your source image may well be royalty free but often there are a set of conditions where royalty free will mean for example: for use on a web site or for use in limited print runs of say 5000 copies.

You can use google image search or tineye.com to try and find the original source and check what rights you have.
You could even try your new logo and see what it shows as being similar.

[akirk]

If you are building a business and want to rely on using the image as a part of a logo do not just take an image from Google...
Adding other bits to it will not change the original copyright on that element of it is recognisable as the original image, making it a part of a more complex image is not the same as changing the image itself...
Either buy an image from a stock company or employ a logo designer - there are thousands around who will do it for very little indeed, eg upload the image you find onto a website where they compete for the work and you will get similar but not identical, but legal logos back, for very little cash...
Plus generally you want eps / vector images not jpg / png images as found online...

[Frimley111R]

Honestly, I wouldn't worry about it until (if) anyone pulls you up on it. Chances are (excuse me if this is wrong) you are a small business and unless its a blatant rip of a well known logo you'll be absolutely fine. You're well 'under the parapet' for anyone to spot and both to take action.

[crmcatee]

Frimley111R said:

Honestly, I wouldn't worry about it until (if) anyone pulls you up on it. Chances are (excuse me if this is wrong) you are a small business and unless its a blatant rip of a well known logo you'll be absolutely fine. You're well 'under the parapet' for anyone to spot and both to take action.

Bad advice. If it's a logo it'll be on their website and image search engines will find it.

Expect a large bill for un-authorised use if you're caught.


Do not 'just use an image because it's on google' so it must be free. They're generally not and lots of people have been caught by just doing that and received invoices far in excess of what it would cost to get it done properly.

[Frimley111R]

crmcatee said:

Frimley111R said:

Honestly, I wouldn't worry about it until (if) anyone pulls you up on it. Chances are (excuse me if this is wrong) you are a small business and unless its a blatant rip of a well known logo you'll be absolutely fine. You're well 'under the parapet' for anyone to spot and both to take action.

Bad advice. If it's a logo it'll be on their website and image search engines will find it.

Expect a large bill for un-authorised use if you're caught.


Do not 'just use an image because it's on google' so it must be free. They're generally not and lots of people have been caught by just doing that and received invoices far in excess of what it would cost to get it done properly.

That's just scaremongering. From the description its a generic image anyway, not a highly specific and high profile design.

[crmcatee]

Frimley111R said:

That's just scaremongering. From the description its a generic image anyway, not a highly specific and high profile design.

It's not scaremongering; it's common sense. Even the op said that it was "apparently" royalty free. They don't know the copyright status of the image so the wisest thing to do is to make sure you do know. Generally images lifted off the net would have some conditions attached to them even though they don't explicitly say what they are.

Worst case is that skint emma would be even more skint without a proper bit of due diligence to know exactly where they stand.

[moustachebandit]

OP - have you tried uploading the image into TinEye or similar to try and trace back its source?

Might be best to post a pic of what you intend to use - should be easier to tell whether you can get away with it.

[akirk]

An image is created somewhere by someone, so will have ownership, copyright etc. Unless explicitly sold as copyright free or with appropriate rights it should be assumed that an image found can not be used.

As someone who is a photographer, used to own a photo archive, and has a design company I have been at every stage of the chain, the reality is that we live now in a world where it has never been cheaper to buy photos or find someone to create a logo, there is never an excuse to steal copyright from someone, unless you know that something is definitely copyright free don't use it...

[anonymous-user]

Thanks guys. I don't want to fall foul of any copyright stuff so will just get my man to draw out a new image for me. I wouldn't have minded paying to use it, it's was just difficult to find out where it originated from. Think going down the 'all new' route means I won't have to worry when I become an important company director of an internationally acclaimed brand.

[Simpo Two]

skintemma said:

Think going down the 'all new' route means I won't have to worry when I become an important company director of an internationally acclaimed brand.

And then you can be 'loadedemma'