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RE: VW LICENSING PROGRAM (loooong)


> >> breaking
> >> someone's laws by taking pictures of my own car
> 
> 
> >it's not the pictures. it is the use of terms like "VW" or 
> "Volkswagen".
 

It is permissible to use these trademarks for descriptive purposes, see
http://www.inta.org/basics/tmfaqsU.shtml#2 . This constitues 'fair use' to
describe your car as say: 'Volkswagen Type 34 Karmann Ghia'.
 

> you are correct, but that is not the whole picture.
> 
> Taking a picture of your (stock) type 3 from almost any angle 
> will display a VW symbol.
> 
> Let's say that you decide to publicize this picture on a 
> website that is promoting your business (not necessarily a 
> VW-related business, it could be a photography studio for 
> that matter).
> 
> You now have a VW logo promoting your business and therefore 
> using copyrighted logo to gain you profit.
> 
> Maybe unintentionally, but technically illegal none-the-less.
> 
> It's the same law that if you take a picture of a person and 
> publish it (in any manner, for profit or not) without their 
> permission, they have every right to sue you.


Right, but this is obvious is it not.  You cannot use someone else's
creation to make money for yourself.  This does not effect most of us that
just have 'fan' sites describing our cars and not selling any service
related to the trademarked material. Please see the above page, it explains
all 'fair use' of other people's trademarks.


Jason Smith
71 Square FI AT
http://jasontsmith.tripod.com/vw.htm

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