Welcome to the Treehouse Community
Want to collaborate on code errors? Have bugs you need feedback on? Looking for an extra set of eyes on your latest project? Get support with fellow developers, designers, and programmers of all backgrounds and skill levels here with the Treehouse Community! While you're at it, check out some resources Treehouse students have shared here.
Looking to learn something new?
Treehouse offers a seven day free trial for new students. Get access to thousands of hours of content and join thousands of Treehouse students and alumni in the community today.
Start your free trial
Nikolaj Haugaard
44 PointsProduct Copyright - Presentation Mockups for Designers
Hey Treehouse.
I'm sorry if this question don't belong in here. But i've been searching forever, and can't seem to find a straight forward answer.
I'm starting a business/ project, where i make mockups for designers to display their work in a realistic setting. It could be a picture of an iPhone, on which the designer can put in his or her app design, with a few clicks, and add filters and effects.
My question is: When do i infringe the copyright of the owner of the product? I see Apple mockups everywhere, but a lot of times the author have removed the product logo, and changed the title of the product. It could be "Apple Watch = iWatch" is that enough to stay within the "law"?
I tried contacting the different companies, like Tesla, Apple, Sony etc. And havn't heard back at all. I think it's a great service for the companies as thousand of designers use my mockups/ templates.. And therefor great and free advertising for them.
Here is an example of something similar to what i would like to do: http://www.teslamotors.com/sites/default/files/images/model-s/gallery/interior/hero-01-LHD.jpg?20150407 As you can see on the image, the Tesla logo is clearly visible. But if removed, most people still know it's a Tesla.
And here is an example from one of the leading marketplaces within the subject (note: they have removed logo, title, etc.) http://graphicriver.net/item/photorealistic-smartphone-p8-mockups-/11269444
I really appreciate any help you guys can give me. This is something i have been struggling with for a while, and i can't afford a proper lawyer at this point. (all my stuff is available for free, for now)
All the best
3 Answers
rachelweaver
15,876 PointsI did a lot of looking but could not find a solid answer. This is a tricky one. Business isn't my strong suit, but I would start by looking at a company's "fair use" policy. http://en.wikipedia.org/wiki/Fair_use
Fair use is basically the limitations placed on a copyright here are links to apple's policy https://www.apple.com/legal/intellectual-property/guidelinesfor3rdparties.html
There is also a copyright basics course here on treehouse: http://teamtreehouse.com/library/copyright-basics
Here is also a link providing info on fair use and public domain. It does recommend you contact a lawyer, but it also has a few DIY suggestions.
http://smallbusiness.findlaw.com/intellectual-property/fair-use-and-public-domain.html
Here is a link to a legal forum for questions, your questions would fit into the business and intellectual property sub-forums: http://www.expertlaw.com/forums/
I am not sure how much this helps, but I think the best solution would be to read up a bit more. It's safe to say using a company's logo or name in a project is completely out of the question and it's best to avoid it(especially if you are interested in profiting from it. Changing the name and the products image around a little should avoid a lot of legal grief(like using "7-inch tablet" instead of using "ipad mini") but I am not 100% sure.
Nikolaj Haugaard
44 PointsI will be so grateful for any help you guys can give me! Even if it's just a little bit :)
Scott Becker
20,349 PointsDisclaimers go a long way to negate further actionable offense.
"________ sets forth that all trademarks or registered trademarks herein are the property of their prospective owners.
All artwork, copyrights, trademarks, service marks, and company logos displayed on this site are the property of their respective owners and are provided herein for illustrative purposes only and not for any type of misrepresentation.
The logos contained on this site are shown for illustrative purposes only as a representative example of current and past clients and not for any type of endorsement. "
Mark Casavantes
Courses Plus Student 13,401 PointsMark Casavantes
Courses Plus Student 13,401 PointsI think you are referring to patent infringement rather than copyright infringement.
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. (Wikipedia)
I am not a lawyer, but my advice would be to get permission from any company where there may be copywrite or patent infringement. If they are not communicating with you, word your letter that their failure to respond within 10 days will be considered by you as their providing their permission. If they sue, you have documentation you attempted to obtain permission and they failed to respond. Return receipt requested is also probably recommended.
I have used legal libraries and there are often lawyers who are unemployed who hang out waiting to help people. They will provide legal advice at very reasonable rates. The legal librarians are also very helpful. Collect their business cards for future use.
My other advice would be to go to a television station and/or magazine and ask about running an ad with your material. Their staff should know if there is any jeopardy.
The other question is are you committing any patent infringement or copywrite infringement? I am not sure you are. If you could not photograph company products everyone would be in jeopardy of copywrite or patent infringement. I assume these are your photographs. What damage could they allege from your work?
Do not consider this legal advice. I hope this is helpful.