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  • Gobysky
    started a topic Miller copyright question

    Miller copyright question

    Found a picture I'd like to use on a personal business card, but not sure if it would be infringing on any of Miller's copyrights.

    Click image for larger version

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  • Gobysky
    replied
    Turned out to be an interesting thread. Thanks for your input Broccoli.

    I plan on working on a card design that is totally original so I don't touch any copyrights or trademarks. I fully understand why Miller wants to protect their name with their trademarks & copyrights.

    No regrets asking the question.

    Leave a comment:


  • Broccoli1
    replied
    Originally posted by mikeswelding View Post
    It's a minor distinction, but still one worth noting. The image most likely would not be covered by copyright law, but rather by trademark. The process for registering is different, as are the laws regarding usage. For example, some copyrighted material can be reproduced without permission (Doctrine of Fair Use) but the rules are very strict and can easily be misinterpreted. However, trademarks must have permission for reuse and that is very difficult to obtain.
    The image is Copyright
    The Miller logo in the image is Trademark

    Leave a comment:


  • Broccoli1
    replied
    Originally posted by cayager View Post
    im no lawyer but I would have thought the wallpaper without their logo would be fair game.
    No- the wallpaper is a photograph, could be a drawing whatever..

    anything created is owned by the creator or the person who owns the copyright i.e. Miller since they probably paid the artist in a buyout- that means they own the image.

    In commercial art- photo or illustration- the artists can hold on to the ownership and the end user just pays for usage.

    X amount for x amount of usage. If you see a local ad then the $ isn't as much, if the image is national $$, worldwide $$$.

    Miller most likely has its own in house graphics department and all artwork created in that department by any artist/designer belongs to Miller.

    the United Staes Post office is in the middle of a lawsuit because the Statue of Liberty image on their stamp was created based off the one in Las Vegas and THAT statue likeness is owned by the Artist that created it.

    Miller is pretty cool with allowing their logo to be used BUT you have to read the guidelines because they still have strict guidelines for using the Logo.
    Placement, Type size colors etc etc. You just can't stick their logo on anything anyway you would like.

    Stickers don't count

    Leave a comment:


  • cayager
    replied
    im no lawyer but I would have thought the wallpaper without their logo would be fair game.

    Leave a comment:


  • mikeswelding
    replied
    Copyright vs Trademark

    It's a minor distinction, but still one worth noting. The image most likely would not be covered by copyright law, but rather by trademark. The process for registering is different, as are the laws regarding usage. For example, some copyrighted material can be reproduced without permission (Doctrine of Fair Use) but the rules are very strict and can easily be misinterpreted. However, trademarks must have permission for reuse and that is very difficult to obtain.

    Leave a comment:


  • Broccoli1
    replied
    Originally posted by Gobysky View Post
    They said we couldn't use their Wallpaper on our cards, but directed me to this site ( http://images.millerwelds.com/main.php ) of images of their products that we could use.

    I'm fairly good with Photoshop, I'll have to take the time to create my own proprietary image. Lots of good ideas you can Google, and then work from there.
    http://images.millerwelds.com/miller...idelines_F.pdf

    Don't forget to read the guidelines

    Leave a comment:


  • Gobysky
    replied
    As per your request

    Originally posted by H80N View Post
    Please Keep Us Posted on how that goes....

    They said we couldn't use their Wallpaper on our cards, but directed me to this site ( http://images.millerwelds.com/main.php ) of images of their products that we could use.

    I'm fairly good with Photoshop, I'll have to take the time to create my own proprietary image. Lots of good ideas you can Google, and then work from there.

    Leave a comment:


  • H80N
    replied
    Originally posted by Gobysky View Post
    Thank you
    Please Keep Us Posted on how that goes....

    Leave a comment:


  • Gobysky
    replied
    Miller copyright question

    Thank you

    Leave a comment:


  • Miller Welders
    replied
    Originally posted by Gobysky View Post
    Found a picture I'd like to use on a personal business card, but not sure if it would be infringing on any of Miller's copyrights.

    [ATTACH]33438[/ATTACH]
    Hi Gobysky,
    Email your request to use the image (and the image you would like to use) to webmaster@millerwelds.com. They'll be able to help you from there!

    Thanks,
    Miller Welding Forums Administrator

    Leave a comment:


  • H80N
    replied
    Originally posted by Gobysky View Post
    I hope some official from Miller would chime in here. I use all Miller equipment. I see welding businesses with stickers with the Miller logo on them all the time. So if you had it on a card signifying the kind of equipment you use, I think it would be free advertising.
    Anyone commenting from Miller with the policy would be appreciated.
    Don't give up yet...

    our opinion does not matter...

    BUT

    if you are advertising that you proudly use Miller equipment... that does sound like fair use...

    I have seen many independant welder's business cards with the Miller logo proclaiming they use Miller equipment ... so this would not be a new situation...

    All you need is confirmation from an official at Miller...

    we could just bump this thread to keep it near the top till you get a response...
    Last edited by H80N; 12-12-2013, 12:47 PM.

    Leave a comment:


  • Gobysky
    replied
    I hope some official from Miller would chime in here. I use all Miller equipment. I see welding businesses with stickers with the Miller logo on them all the time. So if you had it on a card signifying the kind of equipment you use, I think it would be free advertising.
    Anyone commenting from Miller with the policy would be appreciated.

    Leave a comment:


  • Broccoli1
    replied
    Basic Copyright law = No, you are not allowed to reproduce the Logo unless you have the owner's permission.

    Corporations have very strict rules on how their Logo can be used so I doubt they will give you permission.

    Leave a comment:

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