Logo copyright

**SpankMe** · 10th May 2003, 20:40

Not sure what to think of other sites using our logo. It was created for our site by two of our members, Gixxer and p0stal, and they did a great job. So should their work be available to anyone to use or should we be more corporate about this and legally copyright it or just politely ask others to remove the logo when found using it.

If we are to copyright it, maybe someone can give me some legal advice about what are my options.

**MikeL** · 10th May 2003, 22:34

From memory (when I ran my own business and had to worry about such things) you would have to register the logo and that would cost a couple of hundred dollars. And then if you thought that someone was infringing the copyright you would have to threaten to take them to court. You would of course have a very strong case and probably a suitably worded letter would suffice, but if a large and wealthy company wanted to call your bluff they could make things very difficult. Alternatively you could just use the logo without copyrighting it but you are even more vulnerable because someone could register the logo subsequently, and you would have to prove prior use. Either way the only way to enforce a copyright claim is to take civil legal action and there is always expense and risk involved. Who would be prepared to carry it through?

**SpankMe** · 10th May 2003, 23:00

Apparently socalSVriders had already asked permission to use the logo, so that’s ok with me. I also don’t fancy paying hundreds of dollars to copyright it.

I do see a lot of sites that have the © symbol but I doubt that they have actually gone through the legal process of making their content copyrighted. Does doing this give you any legal status?

**MacD** · 10th May 2003, 23:15

From my understanding of what the lawyers tried to tell us about copyright at work, your rights under the copyright act are automatic when you create and publish a work (in this case the logo). You may be thinking of the costs involved in trade marking the logo?

The NZ Copyright Council website (http://www.copyright.org.nz) seems to confirm my recollection.

A logo would be considered an artistic work. Interestingly, when we asked the copyright people specific questions about what actually was allowed under the copyright act in terms of copying and reproducing material (this was for research/study purposes) they suddenly became very vague in their responses!

[edit: found a brief discussion about trademarks and copyright here]

**wari** · 12th May 2003, 09:11

I dont know about the copywriting issue , it might be more hassle than ... but ... I'm not keen to see others use the logo for themselves. After all the logo is all about identification of who you are and represent.

Its a very cool graphic !

**Dave** · 12th May 2003, 13:42

Very cool logo-should be free for anyone to use for the purpose of links or publicising this site but you would have to draw the line at people ripping off for their own good.

**bikerboy** · 12th May 2003, 18:51

Just remember guys, if the logo is used/allowed to be used by others it weakens any case to restrict use later.

If some are allowed and then objections raised when another uses it, there will be little sympathy in making copyright infringement claims.
Also get any request to use the logo in writting and give any permission or refusal to use in writing. This will strengthen any infringement claims as it shows an effort to control use.

**Cuban** · 16th May 2003, 19:44

I misunderstood the question and voted incorrectly, doh!

I think that the logo should stay with the kiwibiker site, so i would have no problem with other sites using it with the web addy under it( yeah, like they want to advertise for free).I think a polite ask to remove our members work without our permission, followed by vague threats, should be enough.

However if the screen printers were offering our design to other companies and customers etc for a logo or graphic for their use, i think thats when we'd have to lay some collective legal smackdown,(keep an eye on em spankme!)

On the other hand, and don't take this the wrong way, but i wouldn;t like to see it belong to anyone either, yes it was fabricated by two of our members, but i think it was also after a fair bit of discussion and consideration between all those who viewed the idea and drove it. If it was trademarked/copyrighted, who own it, the site or spankme?who would fund any case should a bluff be called?And should it prove to be a valuable marketing logo(haha), where do the profits go, after site maintenance is taken care of, for something that many people had a pert in creating?

All unlikely scenarios, but something to ponder.

cheers all,

**bluninja** · 10th June 2003, 10:53

Just been to the socalsvriders forum and they have the kiwibiker logo splashed at the top of the front page, with no ref back to kiwbiker...shame there's no credit there for the pople that created it.

TTFN

**SPman** · 10th June 2003, 19:36

Just been there - no sign of logo......did you scare them off Simon?

**bluninja** · 11th June 2003, 12:19

click here to register for the Gathering

**SPman** · 12th June 2003, 00:54

...................nope.................

**Antallica** · 12th June 2003, 06:56

Argh...

That's just sad of them to do that, it could be worse though. It could be a NZ club that advertises with that logo locally... now that would be a bummer.