What is the name of your state (only U.S. law)? Missouri
I am writing a book on the history of hockey in a city, which spans more than one hundred years. As part of the book, I'm including sidebars showing box scores of some of the more important games over the years. In the box scores, I am including a logo of the league which the teams played in as well as graphics showing what the front of the team's jerseys looked like for the game. I'm wondering if I still must receive permission to use the team and league logos in this fashion or if it would qualify as fair use. Any advice is appreciated.
Getting permission to use any trademark, any logo or any copyrighted material is always the best way to protect yourself from a lawsuit that might otherwise arise from any unauthorized use.
But getting permission prior to use is not
always necessary, depending on the facts and particulars of the use.
Using the trademark/logo to describe or identify a particular company, product or service can be considered a fair use. You cannot, afterall, write about a specific company or product or service unless you are able to use its identifier.
But you
do have to avoid using another's trademark or logo to suggest that the trademark holder has anything to do with your book other than be its subject. Your use of a company's identifier should not lead a consumer to believe that the trademark holder endorses, or supports, or sponsors, or in any way helped to create your book.
You have to be careful using the company or product or service identifiers as a way to promote your book (in your advertising), other than as a way to describe the content of your book.
Logo designs can not only be protected under trademark laws but can also have copyright protection and the box scores you wish to use should be created by you or, if you plan to reproduce original box scores, know that these can be copyright-protected. You will want permission to use any copyrighted material.
In your book, then, both trademark laws and copyright laws will need to be considered, and because you will be handling reputations in your book, you have additional laws to consider and work around. Having insurance is always smart.
I recommend you have your book idea, your manuscript (all text) and all images you wish to use, personally reviewed by a lawyer well-versed in publishing law. This is the best way to see what you are working with and what you need to do to stay lawsuit free.
Good luck.
