Photographs of the Prius and HSD Logos

[DougSlug]

My 9-year-old son entered an art contest in which he took photographs of things that illustrated ways people could "make a difference".  His theme involved conservation: recycling, use of hybrid vehicles, etc.  He included a photograph of the Prius and Hybrid Synergy Drive logos on the tailgate.  The contest administrator has rejected his entry because he is using a copyrighted image, which violates the contest rules.  He also used an image of the recycling symbol on the side of our recycling can, which includes the text "Mercer County Recycles".

My questions are:

 - Would the Prius and HSD logos be considered copyrighted images?

 - Does photographing these logos constitute copyright infringement?  (probably yes if the answer to the first question is yes)

- Is this some vast conservative conspiracy to keep the idea of hybrid cars safely tucked away out of plain sight? (OK, that question wasn't serious, but I'm a little ticked off about this.)

I'm hoping someone on the list has some familiarity with copyright laws and practices. 

Thanks,
Doug

[Danny]

I can't really answer from a legal standpoint, but I can tell you that a few years ago we offered some items in a CafePress shop with a stylized image of the Prius and CafePress removed the items because of "copyright" infringement.

Although I thought "art" was considered immune.

[efusco]

Taking a photograph is never a copyright infringement.
How that photo is use may or may not be. If you take a photo of the HSD emblem and then use it to advertise or make money then that is copyright infringement. If you claim it's original work, that would be as well.

But for the purposes you're suggesting there's no such infringment. Heck, Toyota might even be interested in seeing the piece for their own advertising.

[Boo]

I think the Prius and HSD logos are copyrighted or trademarked.

But that doesn't mean that the mere taking of a photo of them or using them in a submission to an art contest is an infringement of any sort.

But the art contest folks set the rules. No matter how silly or wrong.

I don't think Andy Warhol needed or got permission from Campbells Soup.

[AussieOwner]

If showing a picture of a car, or the logo on that car is an infringment of copyright, then nearly everyone on this forum is guilty of that breach - just look at all the photos and even our avatars. If this was the problem, then I am sure that Toyota would have closed us down long before this.

It sounds to me that the contest rules are not clear or that the judges do not understand the rules.

[Sufferin' Prius Envy]

<div class='quotetop'>QUOTE(DougSlug @ Nov 29 2007, 04:26 PM) [snapback]545925[/snapback]</div>

My 9-year-old son entered an art contest in which he took photographs of things that illustrated ways people could "make a difference". His theme involved conservation: recycling, use of hybrid vehicles, etc. He included a photograph of the Prius and Hybrid Synergy Drive logos on the tailgate. The contest administrator has rejected his entry because he is using a copyrighted image, which violates the contest rules. He also used an image of the recycling symbol on the side of our recycling can, which includes the text "Mercer County Recycles".

My questions are:

- Would the Prius and HSD logos be considered copyrighted images?

- Does photographing these logos constitute copyright infringement? (probably yes if the answer to the first question is yes)

- Is this some vast conservative conspiracy to keep the idea of hybrid cars safely tucked away out of plain sight? (OK, that question wasn't serious, but I'm a little ticked off about this.)

I'm hoping someone on the list has some familiarity with copyright laws and practices.

Thanks,
Doug[/b]

I'm not a lawyer, but I play one on the internet.

Seriously though. The questions you raise are not concerning whether your son would be protected under the Fair Use Doctrine . . .
http://en.wikipedia.org/wiki/Fair_use
. . . he would . . . especially considering determining factor #4 . . . "the effect of the use upon the potential market for or value of the copyrighted work."

No, your son didn't infringe on copyrighted materials, but he did violate the rules of the contest - and for that, no amount of pleading "it's not a violation of a copyright" will negate the rule violation.

The people running the art contest decided to stay away from potential legal trouble should some copyright holder think otherwise of what constitutes fair use in artwork.