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Author Topic: What is the legal justification Newspapers use to print major league team logos?  (Read 723 times)

Punctuated

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What is the legal justification that Newspapers use to reprint major league team logos?

The logos I'm most curious about are used in news articles, typically both logos in a sports match when reporting on the match itself. Other uses include labeling stat boxes, and as icons in game charts.

Are news sources able to claim fair use for news reporting (the us copyright office quotes section 107 as "summary of an address or article, with brief quotations, in a news report;"

Other uses in the press include logos on helmets, etc in photographs, which, I assume are covered under section 107 " incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

Newspapers use all major league logos in their editorial content regularly. Do you suppose they get written permission from each league after a review of their publication?

I am starting an online news source and would like to use the logos in reporting situations described above. I have worked for many years in news marketing, but I never thought to walk around and ask while I had easy access to the newsroom.

I have searched through the posts, but have been unable to find this specific information.

Thanks for your thoughts.


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JSonnabend

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I am not aware of papers' use of team logos -- my local paper doesn't do that.

Assuming others do, it may be (1) under license, (2) on a theory of fair use, or (3) simply unenforced by the trademark owner.

Photos taken at professional events are likely used pursuant to license, that is, pursuant to a license to be at the event taking the photos, which would likely be prohibited otherwise by the terms of entry to the event. 

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SonnabendLaw
Intellectual Property and Technology Law
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Punctuated

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I'll see if I can find out from the editorial art department and post the response.

Here are some links to newspaper web sites incorporating the team logos into their editorial content:

This one is an editorial banner:
49ers logo: http://www.mercurynews.com/49ers

These three are supplied by a third-party licensor, Stats, LLC, so no mystery there.
Wizards logo: http://nytimes.stats.com/nba/teamstats.asp?teamno=27&type=teamhome
Detroit Lions Logo: http://nytimes.stats.com/fb/teamstats.asp?team=08
Buffalo Bills logo: http://scores.seattletimes.nwsource.com/fb/teamstats.asp?teamno=02&type=teamhome
« Last Edit: 12-01-09 at 06:03 pm by Punctuated »
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