Customer contacts me and wants the business logo on her business card encapsulated into the grip of her daughter's spinning rod. Customer works for a large state university with a famous sport's logo . Customer sends me the business card. With no other information what is the best route to take as the rod builder? Jesse

Jesse,
You have to be careful about copyright issues. For example, I built a rod using a famous sports team's colors and weaved in their actual logo. This rod actually went to the owner/prsident of the team and I am trying to get permission to legally build them. The decision is binding as we speak but I know they are extremely finicky about who's using ther logos. And, making money on top of that. I would probably contact the univeristy , explain what you do, and possibly get permission to do it while keeping the customer info confidential. Being that it is only one rod they might just honor your request. If they say no then so be it. But you know more than one person is going to see that rod and if the word gets out, as slim as the chances might be, you might find youself in an ugly situation. I would rather do it legally and have peace of mind then take a chance. My .02 for whatever it's worth. Randy.

I would think that the business card in its entirety would work without getting YOU in any trouble. She has been given approval to utilize the card in her dealings with the public.

Him

I agree with Randy. On the one hand, small time custom rod builders may not be involved to any degree that should really bother anyone, but more and more companies are taking notice of anyone using their copyrighted logos without express permission. You may just have to inform you customer that you do not apply or use copyrighted logos without express written permission from the copyright owner.


.............

Jesse, just go ahead and do it then post the pictures of the grip all over the interent. Then let us know what happens, lol.

Copyrights can be downright bothersom. I also would contact the university and get the ok first. Chances are that they will be happy for you to do this project.

As a side note: My restaurant got a letter from a lawyer that represents the Chick-Fil-A corporation several months ago. It seems that a decade or so ago the restaurant I now own sold a chicken sandwich that was printed on the menu as a "chick fillet". They also put up a web site and this sandwich name was included under the online menu. The letter I got from this lawer threatened to sue me if I did not take the term "chick fillet" off that web site and also change my in-house menu. I have tried to make two points clear to this law firm and they just don't seem to get it. 1) I don't have a web site. That old web address is still on the net, but the person/people that run it can no longer be contacted via the information listed on that site. 2) My menu doesn't contain the term "chick fillet", it currently contains the term "chicken fillet" and has for years.

They say that no one can use the phonetic pronunciation that copies their client's company name of "Chick-Fil-A". In other words no can even say the words chick fillet without being sued. Like I said, call the university first and ask...it can get ugly in a hurry!

By the way...I know a certain fast food restaurant I won't ever eat at again!

Jay

My totally unqualified $.02...

If you're just doing this as a one-time use to fulfill as customer's order, then you're not using the logo to help sell your products. You are only including it at the customer's request on a single custom rod. I would not worry about the copyright, any more than I would worry about someone wearing a Stanford t-shirt without having attended the university.

Jesse Buky - What is the rodbuilder's responsibility? ... If you do not have an explicit LICENSE to reproduce and sell a product with that Univ's logo, then you had better ABSOLUTELY NOT be weaving, writing, painting or selling ANYTHING with that logo on it. If you do, even one, you are in copyright violation. Period.

From what I have seen about things like this here at the Univ. of Florida, it is ALL ABOUT THE MONEY and the protection of IMAGE and copyrights.

SHE has the right to display that logo on her biz card, because she is associated with the Univ. BUT THIS IS NOT a work-related activity! It is a PERSONAL GIFT to her daughter! And she paid a licensed printer to put that logo on her BIZ CARD. That PRINTER has a contract license-agreement with said Univ to affix such logos to BIZ CARDS, and it costs him a pretty penny, for sure.

Neither SHE NOR THE PRINTER have the authority to TRANSFER that image onto any other communicable medium or product, or to associate that logo with any other affiliation or entity, personal, commercial or corporate. Not without express permission from and / or paying a license fee to that Univ.

Since you would be creating or transferring that logo yourself, AND you would be selling a product, without a license to do either, you would clearly be in violation of the Univ. copyright from either point of view. It is just a matter of IF they would WANT to CRUCIFY you. Not CAN - oh yes they can, my friend, however innocent it may seem. [Which makes me realize that I am surprised that UF hasn't tried to copyright the mere combination of the school colors - "Orange & Blue".]

Either get permission on the Univ's terms, and make her pay. Or decline to affix the logo to her rod, and risk losing the rod sale. She will NOT keep it a secret, Jesse. SHE KNOWS it's illegal - she's just seeing if you'll do it for her. ... It'll cost you hundreds of dollars in fines if they catch you. A no-contest arrest for illegal production and sale of Univ logo. [IMO, the more I think about the possibility that she gets someone who puts it on for her later, makes me think of telling her to "walk-off" and go elsewhere to begin with.] ... Oh, and could your license as a small-business rod-builder be suspended or revoked ...?... "Why not" is a better questioned. This only gets worse the more you try to circumvent the right way of doing it.

Jesse - IF you do go the route of getting and paying for copyright permission, GET IT IN WRITING. Because one dolt will tell you, "It's no big deal", ... that is, until the Univ's Big-Wigs find out, and then you are a stunned mullet in the shark tank. Univ DEMI-GODS are about as autonomous as you can get in this world, and as "nasty as they want to be". Being at their mercy is not an experience or position I recommend. ... I speak first-hand, ...

Don't do it without a copyright license, and make HER pay for (a huge portion of) your start-up investment. Suddenly, you'll discover what kind of customer she REALLY is. [Sounds like a high-class CHEAT to me, ... one who would leave YOU to pick up the tab. ... All right, 'nuff said.]

Then, if and when you get the copyright license, you can get a few orders thru the Alumni Association or Athletic Department. And make them pay you 3 pretty pennies for your masterpieces !

Lots of Luck, Jesse.
-Cliff Hall, Gainesville FL
"Home of the Fighting Gators"
"This is GATOR COUNTRY"
Oops, I think I hear them coming to get me, ... !!!



Edited 1 time(s). Last edit at 12/08/2005 04:08AM by Cliff Hall.

Similar thing happened to me a while back, dealing with a University logo. I contacted the U for permission to duplicate their school logo, sports logo and/or seal on a rod for an alumnus. They refused, saying that they would only deal with the alumnus and that he would have to make the written request and they would take it from there. They also told me that the school seal itself can only be used by current faculty members. I don't know what U you are dealing with, but I would assume that they will operate under similar terms. They seem to take it more seriously than anybody else.

Jim,

Curious as to what the point was in posting a personal e-mail that the sender obviously intended to be private???