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  #1  
Old
Junior Guru
 
Join Date: Jun 2003
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Copyright infringement?


I know it's illegal to go to Dell's website and clip an image of a server to use on your site, But suppose I own a Dell server and take a picture of it myself and use it in the background of a logo i'm creating. Is that copyright infringement? I have a really sweet idea for a client's logo and the image already taken, but I wouldn't want my client to get a notice of infringement after I bill him...I don't think they'd like that too much. It's not a blatant "hey this is a dell server" type image...as far as anyone would know, it's just a computer.

What do you think?

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  #2  
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Join Date: May 2002
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Ask Dell.. they will soon tell you.

http://www.dell.com/us/en/gen/misc/p...007_policy.htm

  #3  
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Evenly Divided
 
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I was wondering this myself, because I want to get a nice digital camera and take some shots to upload to istockphoto.com, but I was worried about the same thing.

Example, can I take a picture of my car and upload it for others to download?

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  #4  
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Mekhu, that's legal.

To the thread starter, just take a pic of one of your servers . Saves you some trouble.

  #5  
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That's my point...my servers are Dell servers. If I take a pic of one of my servers was the original question.....I went to dells website and all the talk about is stuff from their site...not pictures I take of dell equipment I already own.

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  #6  
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No, its 100% legal.

You own the equipment, so if you take a picture of it, YOU own that intellectual property.

Now if you went into Dell's datacentre and took pictures, that might be a different story.

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  #7  
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Agreed perfectly legal for you to photograph the server and use your own creation so long as it is not an apparent attempt to recreate the image of another.

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  #8  
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Thanks guys, much appreciated.

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  #9  
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The copyright on a picture is applied to the image itself, not the objects inside. What's being protected is the photographer's choice of light, angle...etc, so any picturre *you* take is your own work, regardless of what's in it.

Dell's online policy applies to the pictures taken by their photographers...not what's in them.

  #10  
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Tho when dealing with Dell in a legal way, one should also be careful. I know an employee who refers to their legal department as 'that place with the man-eating sharks'.

  #11  
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The problem with that is if you take a picture of a dell server and the dell logo appears in the picture where are you placed then as you have a registered trademark of another company in your picture?

  #12  
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Dell spends $100,000's a year for product placement in movies and TV shows/etc, and millions more I bet on plain old advertising.

I'd wager as long as you aren't trying to infer that you ARE Dell, or you have a deal with Dell, or you and Dell are business partners, etc, they probably wouldn't mind the free publicity..

You should probably ask them, tho.

  #13  
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Yep, you shouldn't have a problem at all if you take the photo yourself. Guess I learned something in college afterall

Jason

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  #14  
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I'd suggest airbrushing out the Dell logos on the picture you take.

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  #15  
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Quote:
Originally posted by Bullschmidt
I'd suggest airbrushing out the Dell logos on the picture you take.
That's a good idea, being as I don't care that it's a dell server. I just needed a server type machine to have in the image.

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