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Old 03-10-2010, 12:55 PM   #1
ZachKC
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Default Interesting Legal Issue - Trademarked College Logo + My Photo

So, it has come to my attention that a very large university has used a photo I took without permission in their arena.

I can easily show ownership of the photo. Know how it was nabbed and know it was marked as having all its rights reserved on Flickr.

It is a pretty open and shut deal, the only thing causes me to wonder is how crazy colleges are about their logo. The idea that "we have reserved rights to anything with our trademark."

Their trademark being in it keeps me from selling it for profit without their consent (which it wasn't it was just shown) but I would think that doesn't have anything to do with extending rights to THEIR usage of the photo.

The photo is of a flag. I haven't determined if it is actually an official version of their logo.

Anyone have thoughts? Or something I could be missing? It seems open and shut. I am pretty knowledgeable in photography law but have never dealt with a lot of trademark stuff in this form.
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Old 03-10-2010, 01:41 PM   #2
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Quote:
Originally Posted by ZachKC View Post
So, it has come to my attention that a very large university has used a photo I took without permission in their arena.

I can easily show ownership of the photo. Know how it was nabbed and know it was marked as having all its rights reserved on Flickr.

It is a pretty open and shut deal, the only thing causes me to wonder is how crazy colleges are about their logo. The idea that "we have reserved rights to anything with our trademark."

Their trademark being in it keeps me from selling it for profit without their consent (which it wasn't it was just shown) but I would think that doesn't have anything to do with extending rights to THEIR usage of the photo.

The photo is of a flag. I haven't determined if it is actually an official version of their logo.

Anyone have thoughts? Or something I could be missing? It seems open and shut. I am pretty knowledgeable in photography law but have never dealt with a lot of trademark stuff in this form.

Yeah, wait for it to become bigger.....then sue.
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Old 03-10-2010, 02:04 PM   #3
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You should join the national PPA, and quit goofing around. They will help.
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Old 03-10-2010, 02:10 PM   #4
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Not sure what to tell you on this... I'd contact the university first and then go from there. If your just looking to score some money good luck with that. However, if you just want credit for your work, then I'm sure they'd be willing to work with you and put your name on the photo, but I'm totally guessing on this...
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Old 03-10-2010, 02:38 PM   #5
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how about you shows us this photo? so we can comment on the entire agenda?
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Old 03-10-2010, 02:40 PM   #6
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Quote:
Originally Posted by ZachKC View Post
So, it has come to my attention that a very large university has used a photo I took without permission in their arena.

I can easily show ownership of the photo. Know how it was nabbed and know it was marked as having all its rights reserved on Flickr.

It is a pretty open and shut deal, the only thing causes me to wonder is how crazy colleges are about their logo. The idea that "we have reserved rights to anything with our trademark."

Their trademark being in it keeps me from selling it for profit without their consent (which it wasn't it was just shown) but I would think that doesn't have anything to do with extending rights to THEIR usage of the photo.

The photo is of a flag. I haven't determined if it is actually an official version of their logo.

Anyone have thoughts? Or something I could be missing? It seems open and shut. I am pretty knowledgeable in photography law but have never dealt with a lot of trademark stuff in this form.
Do you have to copyright your photos like you do with music and books?

Does the University have a policy of no photos allowed in the stadium? If so and you took it with out their permission then I think they can use it if they want.

I would at least contact the great InteRnEts Copyright Lawyer named Google or maybe a real copyright lawyer.

Good luck.
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Old 03-10-2010, 02:41 PM   #7
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Wtf?
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Old 03-10-2010, 02:46 PM   #8
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wow this thread went downhill quickly.
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Old 03-10-2010, 02:48 PM   #9
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Do you guys think Elvis Dumervil will be a Pro Bowl Defensive End this year? I kind of think the JJ Arington signing is going to cut into his playing time.
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Old 03-10-2010, 02:51 PM   #10
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Thats an old pic dude...
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Old 03-10-2010, 02:51 PM   #11
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I didnt see a Missouri logo in any of those photos.
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Old 03-10-2010, 02:55 PM   #12
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Fat cow is playing with himself.

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Old 03-10-2010, 03:00 PM   #13
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Hmmmm. This is an interesting one.

You have the copyright on the photo. No doubt about that. If it was in a public location I would say they can't claim any rights to the photo (even though it's of their logo) since the photo and the logo are two entirely different intellectual properties.

If it was on their private property and they had a strict photography policy then that's the only issue I could possibly see. They would probably have to have a very clearly written policy that any photos taken in that particular area are automatically their intellectual property. But if it's a place where reporters may go to cover a game (or something like that) I think they would **** a brick if the school claimed copyright over the photos they take. So I doubt they have a policy like that but it would be worth checking out. Otherwise they have no more right to use your photo than you do to start a business with their logo.

Last edited by snowspot66; 03-10-2010 at 03:18 PM..
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Old 03-10-2010, 03:05 PM   #14
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Quote:
Originally Posted by broncosteven View Post
Do you have to copyright your photos like you do with music and books?

Does the University have a policy of no photos allowed in the stadium? If so and you took it with out their permission then I think they can use it if they want.

I would at least contact the great InteRnEts Copyright Lawyer named Google or maybe a real copyright lawyer.

Good luck.
Kind of a misunderstanding there. Copywriting is more of a state of being than an action. The act of creating an intellectual property is automatic copyrighting. As soon as it's in a solid (or audible as may be the case of music) form then it's copy written. You simply need to be able to prove that it's your idea and you had it first. Which is why you might see somebody about getting it stamped (can't remember the proper legal term). The stamp itself is not the copy write.
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Old 03-10-2010, 04:59 PM   #15
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Zack - I need some rep to make up for the Neg Rep some A-hole Bronco CB40 left me for helping(? not sure I actually helped more than ask more questions) you.

What a douche.
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Old 03-10-2010, 05:03 PM   #16
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Zack - I need some rep to make up for the Neg Rep some A-hole Bronco CB40 left me for helping(? not sure I actually helped more than ask more questions) you.

What a douche.
hahaha, he's now sent me three PMs telling me to stop "siding with" Zach KC because he wants to break his face or something.

Guess he started drinking a little early.
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Old 03-10-2010, 05:09 PM   #17
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hahaha, he's now sent me three PMs telling me to stop "siding with" Zach KC because he wants to break his face or something.

Guess he started drinking a little early.
Wow, he neg repped me too, and I quote: Zach is a Queef fan douche and any Bronco fan that helps him is my enemy.

Hmmm... sounds like someone needs a reality check...
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Old 03-10-2010, 05:16 PM   #18
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I got the same response.
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Old 03-10-2010, 05:17 PM   #19
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Quote:
Originally Posted by broncosteven View Post
Do you have to copyright your photos like you do with music and books?

Does the University have a policy of no photos allowed in the stadium? If so and you took it with out their permission then I think they can use it if they want.

I would at least contact the great InteRnEts Copyright Lawyer named Google or maybe a real copyright lawyer.

Good luck.
I do have all right reserved on the photo. I am the owner of it.

The photo was not taken in the stadium. It is a photo of a flag at a tailgate outside. It is being displayed in the stadium it is with other photos literally built into the wall. lol
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Old 03-10-2010, 05:19 PM   #20
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Quote:
Originally Posted by snowspot66 View Post
Hmmmm. This is an interesting one.

You have the copyright on the photo. No doubt about that. If it was in a public location I would say they can't claim any rights to the photo (even though it's of their logo) since the photo and the logo are two entirely different intellectual properties.

If it was on their private property and they had a strict photography policy then that's the only issue I could possibly see. They would probably have to have a very clearly written policy that any photos taken in that particular area are automatically their intellectual property. But if it's a place where reporters may go to cover a game (or something like that) I think they would **** a brick if the school claimed copyright over the photos they take. So I doubt they have a policy like that but it would be worth checking out. Otherwise they have no more right to use your photo than you do to start a business with their logo.
Yea, I was pretty sure I had the right thinking but I like throwing stuff out to a diverse group of people.
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Old 03-10-2010, 05:20 PM   #21
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Quote:
Originally Posted by ThatOneDenverMooseGuy View Post
hahaha, he's now sent me three PMs telling me to stop "siding with" Zach KC because he wants to break his face or something.

Guess he started drinking a little early.
Quote:
Originally Posted by Tombstone RJ View Post
Wow, he neg repped me too, and I quote: Zach is a Queef fan douche and any Bronco fan that helps him is my enemy.

Hmmm... sounds like someone needs a reality check...
He has a long history on this board of literally stalking me.

I am not throwing Chiefs\Broncos smack. The guy is sick and he needs help.
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Old 03-10-2010, 05:20 PM   #22
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Quote:
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I do have all right reserved on the photo. I am the owner of it.

The photo was not taken in the stadium. It is a photo of a flag at a tailgate outside. It is being displayed in the stadium it is with other photos literally built into the wall. lol
If you wanted to take it to them I'm guessing you'd have a pretty good case.
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Old 03-10-2010, 05:22 PM   #23
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I don't really wanna make it a contentious thing. I am going to drop a line to the PR department of the University. There are a lot of levers that could be pulled to make me feel ok with this and make it a positive for my business without demanding a **** ton of money or making it a big deal. Hopefully we can get it worked out.
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Old 03-10-2010, 05:22 PM   #24
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Second Response:

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Go **** yourself Queef fan lover!!! I will buy you a KC hat, you sellout.
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Old 03-10-2010, 05:23 PM   #25
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Bronco CB40
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Queef lover
Sixth, seventh, and eighth response from three separate threads.

I think I officially have a stalker.

Last edited by snowspot66; 03-10-2010 at 05:27 PM..
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