Using Professional Sports Logo's on a Fan/News site?

Discussion in 'Legal Issues' started by thebassman, Jul 30, 2006.

  1. #1
    My initial thought is that I can't... I'm talking about NFL, NBA, MLB, NHL, NLL, MLS, CFL, etc. Can these logos be used on a fan/news site? What about colors?
     
    thebassman, Jul 30, 2006 IP
  2. danielbruzual

    danielbruzual Active Member

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    #2
    I think you can use them as long as you state in every page that you use them that those logos are copyright of their respective owners (NBA, NFL, etc.)
     
    danielbruzual, Jul 30, 2006 IP
  3. thebassman

    thebassman Asleep at the Keyboard

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    #3
    Like just a [team name] logo © [team name]" or something in the footer?
     
    thebassman, Jul 30, 2006 IP
  4. danielbruzual

    danielbruzual Active Member

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    #4
    Something like that in the footer (NBA logo © NBA). But I think you shouldn't have to put it since it is a fan site, you are not using their logo for commercial purposes (selling t-shirts, or putting their logo on your own products.)
     
    danielbruzual, Jul 30, 2006 IP
  5. thebassman

    thebassman Asleep at the Keyboard

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    #5
    Yeah, not selling products... but certainly (hopefully) making $ off the site. It will be more of a sports news site than a fan site.
     
    thebassman, Jul 30, 2006 IP
  6. aeiouy

    aeiouy Peon

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    #6
    I think this is a bit of a gray area. They certainly can not prevent you from using team colors. Logos and such are their properties, but I have not seen much in the way of enforcement from any of the major sports leagues. Not saying it might not happen, just saying logo is is all over the net for all the major sports in ways that are clearly not authorized.

    I don't think a disclaimer will mean a hill of beans if they decided to go after you. But I suspect if that were to happen it would be a cease and desist type of notification.
     
    aeiouy, Jul 31, 2006 IP
  7. thebassman

    thebassman Asleep at the Keyboard

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    #7
    Right. Hmmm. Do you think it would be worthwhile to try to ask for permission?
     
    thebassman, Aug 1, 2006 IP
  8. JDA06

    JDA06 Peon

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    #8
    I run a few sports sites. I use logos in game threads (where people discuss games in progress), but I probably wouldn't use a team logo as my site logo. There was a Houston Astros site that got in some trouble a few years back (Astrosdaily.com maybe?), but I'm not sure what became of it.
     
    JDA06, Aug 1, 2006 IP
  9. thebassman

    thebassman Asleep at the Keyboard

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    #9
    Yeah... I think I may use the logo in a less-intrusive manner that can easily be removed if necessary... thanks for the advice. ;)
     
    thebassman, Aug 1, 2006 IP
  10. @ Copyright

    @ Copyright Peon

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    #10
    You see these used all the time on fan sites but technically without written permission it is not legal.

    Copyright just means: the right to copy.

    I was discussing this on a football site with someone.
    The common perception is that it's okay simply because there seems to be others doing it. Never a safe guide imo.

    Both copyright and trademark law apply here.
    It's under copyright that there are statuatory damage minimums irregardless of being asked to remove as a first step or if you're making money off of it. Making money is not relevant with regard to the law. It's just "copying." Only exceptions are: journalism, satire and education but even those are limited and narrowly applied. Maybe your use falls under sports journalism?

    I am not a lawyer but I mainly design logos and have given talks at design schools and colleges on copyright. I have had two infringement suits myself and won. I just happened to stumble on this thread/forum while on the net and thought I'd register to offer my view.

    Proceed with caution on anyone's logo.

    The risk you run into with seeking permission is that once they know of you
    they know who you are, or know you had access or you just may be denied permission. Same places are easier than others. You never know.
    And some will appear lax so you will violate in order to have a suit just to collect damages.

    Hope I helped.
     
    @ Copyright, Aug 11, 2006 IP
  11. thebassman

    thebassman Asleep at the Keyboard

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    #11
    Thanks for the advice. Do you know where I would find out if the site fell under the category of sports jounalism?
     
    thebassman, Aug 11, 2006 IP
  12. @ Copyright

    @ Copyright Peon

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    #12
    I really don't know.

    I suppose one would start with what the definition of "journalism" means:

    Definitions of Journalism on the Web:

    a style of writing for presenting bare facts to describe news events
    www.iclasses.org/assets/literature/literary_glossary.cfm

    newspapers and magazines collectively
    the profession of reporting or photographing or editing news stories for one of the media
    wordnet.princeton.edu/perl/webwn

    Journalism is a discipline of collecting, verifying, reporting and analyzing information gathered regarding current events, including trends, issues and people. Those who practice journalism are known as journalists.
    en.wikipedia.org/wiki/Journalism


    Or ask an attorney...that's all I can say.
     
    @ Copyright, Aug 26, 2006 IP
    thebassman likes this.
  13. thebassman

    thebassman Asleep at the Keyboard

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    #13
    Thanks again for the advice. :)
     
    thebassman, Aug 29, 2006 IP