Legal Question in Intellectual Property in Texas
I know using a company's logo without it's permission violates copyright law, but would using the image of a gift card from a retailer (ex Best Buy) on my website violate a copyright law?
1 Answer from Attorneys
Well, that is interesting. What you say you know is not even true. Using their logo is a probable trademark or service mark infringement, not a copyright infringement. Stealing their artwork images without their permission--now that would indeed violate copyright law, IF it is, in fact, their artwork and not just some public domain image the company has used. More likely is that you would be infringing some graphic studio's copyright and have a risk of suit from either or both the company and the ad company and/or the graphic studio. Now, if all you are doing is using it as an icon to link to the retailer, they are not likely to object since they want customers. If you are doing more then the answer really depends on what you are actually doing and what the company attorneys and managers think of what you are doing, as if you are small enough to be asking questions on lawguru you are too small to withstand a serious onslaught from Best Buy or the like over a copyright issue.
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