My Program enhances someone elses program- Can I display their logo on my website?

[geekay2]

(US/Washington State)

I am making a program, which enhances another program. (read 'add-on' or 'plug-in').

My Question; Can I display the host programs logo on my website?

Here is an example (not 100% accurate to my case, this is just a good example though).

Lets say, I made a 'Photoshop' (which is a computer painting program) 'Plug-in' (or something that can be run inside of Photoshop - usually like an extra window, which gives you extra brushes or something of that ilk).

Can I place on my website 'I Made this Plug-In, which goes into Photoshop!!!' and can I use 'Photohops' logo?

And lastly (for extra points), what if (in the above example) Photoshop did not give me any permission to write this 'plug-in' (but running this program and writing it, is not against the Terms of Use Agreement).

I am going to put something online within the next 24 hours, and I want to double check to see if the above is OK (and save me a little sleep worrying about getting sued over it).

Thank you so very much for your help!!! Please let me know if you have any questions which might help!

-GK


Oh, and PS.

I have redrawn the host programs logo by hand, so this is not a copyright issue (which thanks to this and other websites- I have a handle on copyright stuff), this is more-so a trademark issue (which I have yet to do much study on).

THANKS!!!

 

[Isis1]

You'll need to get the owner's permission.

 

[Zigner]

And, it may very well be a copyright issue

 

[geekay2]

I cant disagree with anything you nice gentlemen have said so far,


Heres another quick question:

I notice that a lot of websites that do in fact have logo's and the like, sometimes have a disclaimer at the bottom, something to the effect of:

Company X in no way endorses nor has tested this product... blah blah blah...


If I put one of these up would I magically shielded from all massive lawsuits?

 

[The Occultist]

I have redrawn the host programs logo by hand, so this is not a copyright issue (which thanks to this and other websites- I have a handle on copyright stuff)

Well you obviously don't have any handle on "copyright stuff" as your statement is utterly wrong. Please research "derivative work" for an explanation as to why you are misinformed.

 

[geekay2]

Well you obviously don't have any handle on "copyright stuff" as your statement is utterly wrong. Please research "derivative work" for an explanation as to why you are misinformed.

I think that is fair enough,

I feel my addition to the original logo (from something you would find on a 'business card' with an obvious nature and purpose, to something ... well sort of hard to explain... think of the logo welded into the side of an engine of a giant steam punky metal monster, roaring; giving a very different nature and purpose to the original logo) would bring the ip in question into the realm of 'derivative work' and more importantly makes it lean more-so toward 'fair use' due to its transformativeness and may excuse what seems a clear copyright infringement from liability. That in no way a guarantee that I wont get sued, for anyone can sue anybody for anything, however such little is left but a vague likeness to the original, I assumed this would be an issue with Trademark and less then about Copyright.


But then again, I really really dont know what im talking about... kinda just shooting from the hip, here. Hence why I am here asking for some input.


So far, I think I will take the suggestions you guys have offered, mainly that of Isis1 who said what I feel to be the most helpful advice given so far: Just ask for permission.



Ah, and I would also like to re-ask this question:

If I put up some sort of disclaimer saying that I am not affiliated with said company, do you feel that this might appease the copyright/tm gods?


Thanks again for everyones help!
-GK

 

[quincy]

There is no way to tell whether a disclaimer of any sort will appease the "copyright/tm gods." Disclaimers generally don't do much except mitigate any damages awarded by a court when you are sued for infringement and lose the suit.

You are correct that the advice offered by Isis is the wisest advice to follow. Getting (preferably written) permission to use anyone else's copyrighted material or trademark prevents all suits that otherwise might arise from any unauthorized uses.

As a note: "Fair use" is not permission to infringe on the rights of another. It is only a defense to such use should the matter wind up in court. It is for a court to decide whether a use is fair or not.

 

[The Occultist]

As a note: "Fair use" is not permission to infringe on the rights of another. It is only a defense to such use should the matter wind up in court. It is for a court to decide whether a use is fair or not.

To the end of that statement, I would like to add, "...AFTER the lengthy, and financially costly lawsuit".

 

[FlyingRon]

If it even ever gets to court. Since you've violated the copyright and the trademark on the logos and possibly even on the software itself, the poster may file a DMCA complaint which may cause your website to go poof without even getting to a court.