Using a photo from google if it has a logo on it

[kingmo]

What is the name of your state? TX

I have a purely educational section on my website where I display various marketing charts. Can I use a chart that belongs to another company that shows up on google images, ofcourse if I keep their branding on it and don't modify or resize it in any way? If not how can I use it.

For example this image below. Can it be published as long as the hootsuite logo is present?

 

[PayrollHRGuy]

What is the name of your state? TX

I have a purely educational section on my website where I display various marketing charts. Can I use a chart that belongs to another company that shows up on google images, ofcourse if I keep their branding on it and don't modify or resize it in any way? If not how can I use it.

You should contact an IP lawyer. The line between fair use and copyright infringement can be very thin. You also have the option of contacting the owner of the art and asking for permission.

 

[Zigner]

What is the name of your state? TX

I have a purely educational section on my website where I display various marketing charts. Can I use a chart that belongs to another company that shows up on google images, ofcourse if I keep their branding on it and don't modify or resize it in any way? If not how can I use it.

The exception that may make such us acceptable is the fair use exception (https://copyrightalliance.org/education/copyright-law-explained/limitations-on-a-copyright-owners-rights/fair-use-exceptions-copyright/). You would need an attorney to review all aspects of the matter in order to determine if your use falls under the fair use exception.

The safer way to use such images is to ask permission.

 

[quincy]

What is the name of your state? TX

I have a purely educational section on my website where I display various marketing charts. Can I use a chart that belongs to another company that shows up on google images, ofcourse if I keep their branding on it and don't modify or resize it in any way? If not how can I use it.

For example this image below. Can it be published as long as the hootsuite logo is present?

For educational purposes, the use could fall under the Copyright Act’s fair use doctrine.

Fair Use, however, is not permission to use someone else’s copyright-protected material. It is an affirmative defense to a use of copyright-protected material - a “yes I infringed but it’s okay” defense.

If a copyright holder objects to a use of their material and sues over its use, in other words, an accused infringer can claim the use was a fair use of the material and a court would decide the matter.

In order to avoid angering a copyright holder, and in order to prevent a costly lawsuit that could be decided in the copyright holder’s favor, getting permission to use the material from the copyright holder is wise and advised.

As a note: If you are using the graph you pictured on your website, you should know that a 2021 graph showing “most-used social platforms” is of very limited value.

 

[Zigner]

I didn't see that graph on the post when I responded. I have to ask...is there a reason you can't create and use your own graph(s) on your website? What you shared is very basic and the data itself isn't subject to copyright.

 

[quincy]

I didn't see that graph on the post when I responded. I have to ask...is there a reason you can't create and use your own graph(s) on your website? What you shared is very basic and the data itself isn't subject to copyright.

The data is not copyright-protectable. The way the data is displayed can be protected.

 

[Zigner]

The data is not copyright-protectable. The way the data is displayed can be protected.

That's what I was trying to convey If the OP makes his own graphs using the data that isn't subject to copyright protection, then he doesn't have anything to worry about. Of course, he can't just recreate the graphs, he'll have to come up with a different way of displaying the information.

Also, I need to point out something that's not related to the above. The OP's use of the word "educational" really needs to be clarified. If the OP is using the graphs as teaching aids in a bona fide way, then that may be ok, but if the OP is merely trying to "educate the public" about what his firm offers, then there's a problem.

 

[adjusterjack]

I'll ask the question another way.

Is the OP's website, in any way, shape or form, generating income for the OP, either directly or indirectly?

 

[quincy]

That's what I was trying to convey If the OP makes his own graphs using the data that isn't subject to copyright protection, then he doesn't have anything to worry about. Of course, he can't just recreate the graphs, he'll have to come up with a different way of displaying the information.

Also, I need to point out something that's not related to the above. The OP's use of the word "educational" really needs to be clarified. If the OP is using the graphs as teaching aids in a bona fide way, then that may be ok, but if the OP is merely trying to "educate the public" about what his firm offers, then there's a problem.

Right. If the use is in connection with criticism of or comment on a protected work, or used in the course of news reporting, or used for teaching purposes, or used as part of a scholarship or research activity, an unauthorized use could be permitted under the fair use doctrine.

Taking someone’s copyright-protected work and simply saying it’s educational is not enough. The unauthorized use would be evaluated by a court and fair use determined based on four major factors: 1. The purpose and character of the use (e.g., commercial, non-profit, educational); 2. The nature of the copyrighted work (e.g., entertainment, informational): 3. The amount and substantiality of the portion used; 4. The effect of the use on the market for or value of the copyrighted work.

Selection of the data used for a graph can also be an issue, although that does not seem to be a concern with the particular graph pictured.

Edit to add: Whether a use generates income or not is only one factor considered and would not necessarily be the deciding factor.