Copyrighted Images?

[SageSlowdive]

Hello all,

 

Just wondering if anyone has ran into a copyright issue with labeling? Obviously we all want a label that is eye catching, unique, and beautiful - but what do we do about images we find. For example. I wanted to make a candle that references a film - I wanted to add an image I found on Google that doesn't directly mention the movie or seem licensed from what I can find, what would you recommend? Are there websites that have free non-copyrighted clipart?

 

Thanks a bunch!

[BusyBee]

Every owners of copyrighted and trademarks images or logos have different rule, and it is very complicated matter that no one would be able to provide simple answer to your question.

 

When you Google "free clipart", many will come out.  But you are going to find that no images are free after all.  I used a lot of copyrighted images from ShutterStock and BigStock when I first started by paying small fee per year.  

 

If it is movie images, then the chances are that you will have to get permission from the owner.  Some are almost impossible to get license, some will ask expensive guaranteed royalty, some are asking for attractive royalty, some are free of royalty but still require you to be licensed, and some can be used without any restrictions.  Toyota was asking for big royalty but Nissan was asking for "$0" royalty for the trademark license.  If you cannot track down what they require, then my advise is not to use it without consulting with professional copyright and trademark lawyer.

 

Now days, I use a lot trademark logos on my labels with owners' permission.  When you know their guidelines, then you will find that many times you can use them without paying any royalty.  Example: I know how to use college logos on my candles without paying any royalty.  But I must get permission from them to use their trademark logos.  But then again, every images or logos are case by case and are very complicated.  

[SageSlowdive]

18 hours ago, BusyBee said:

Every owners of copyrighted and trademarks images or logos have different rule, and it is very complicated matter that no one would be able to provide simple answer to your question.

 

When you Google "free clipart", many will come out.  But you are going to find that no images are free after all.  I used a lot of copyrighted images from ShutterStock and BigStock when I first started by paying small fee per year.  

 

If it is movie images, then the chances are that you will have to get permission from the owner.  Some are almost impossible to get license, some will ask expensive guaranteed royalty, some are asking for attractive royalty, some are free of royalty but still require you to be licensed, and some can be used without any restrictions.  Toyota was asking for big royalty but Nissan was asking for "$0" royalty for the trademark license.  If you cannot track down what they require, then my advise is not to use it without consulting with professional copyright and trademark lawyer.

 

Now days, I use a lot trademark logos on my labels with owners' permission.  When you know their guidelines, then you will find that many times you can use them without paying any royalty.  Example: I know how to use college logos on my candles without paying any royalty.  But I must get permission from them to use their trademark logos.  But then again, every images or logos are case by case and are very complicated.  

 

Here is my next question: what if you edit the image into something else? For example, editing by adding/losing something on the image? Does that still fall in the same category?

[BusyBee]

Any images from any movie would be untouchable without getting permission from the owner of a film even if you edit/modify them.  If that image has actors in them, then you will have to deal with each actors intellectual property management companies on top of dealing with the owner of a film.  Some would be free of royalty, but you still have to go thru licensing agreement in order to use them.

 

Can we put US Presidential Seal logo or White House image on our candle label?  Answer is definitely NO!  But there is way to get it done when you know the regulation.

[StanfordP]

@SageSlowdive Late to the thread, but having studied intellectual property a decent bit, I'll throw in my two cents. Any image that you find on the internet is copyrighted. The only way around this is if you obtain the owner's permission--even if you subscribe to a service, you're still obtaining a license to use that image for a limited purpose (called a "limited license"). Under certain circumstances, you can use copyrighted material without permission (google 'fair use'), but for commercial purposes, you likely will always need permission first. Best suggestion is to find what you want and use as inspiration to create something new, but even copying likeness is crossing a line.