Logo Content - Using a silhouette of a celebrity in logo

[imran_f5]

Hi All,

I am designing a logo for my company and have used a picture of a famous footballer and turned it into a silhouette and incorporated it within my logo. As it is a silhouette it is just an outline of the footballer and not the actual image. Also, it's almost unrecognisable that it is in fact a celebrity in the logo. Is this allowed from a legal standpoint? Or is using such image within my logo not recommended?

Any help would be greatly appreciated!!!

Thank you,

Imran

 

[PipeTen-Carl]

If you didn't use (or admit to using) a photograph to create the silhouette then neither photographer, agency, publisher or footballer would be able to claim rights to your freehand non-likeness-likeness

 

[ethical PR]

'almost unrecognisable' ????

If it's open to question then choose another silhouette.

 

[imran_f5]

Thanks for your help PipeTen-Carl

etichal PR: I thought the same initially and I know it sounds stupid, but the particular pose that I required is perfectly depicted in the photo of the footballer that I have used. Do you know of any problems that might arise from using such image in my logo?

 

[ethical PR]

As I said if there is a possibility that the footballer can be identified you could be open to legal action.

If you want the pose just commission an illustrator to draw something similar.

 

[obscure]

You used a photo. Did you get permission from the copyright holder/license the image from a stock agency under a license that allows commercial use? If not then you could be open to a claim for copyright infringement.

 

[thelegalstop]

have used a picture of a famous footballer and turned it into a silhouette and incorporated it within my logo.

What you have indicated here, is that you have used the photo, i.e. you have used someone else's work. If the photo was shared with the agreement that you can then change it and use for your purpose, then it's fine. However, even if you have permission to use the photo, the author may have restricted its use to as-is share, whereby you cannot change it.

The act of copying or adapting someone else’s work is a restricted act. Any adaptation will be legally regarded as a derived work; so if you simply adapt the work of others, it will still be their work, and they have every right to object if publish such a work when they have not given you permission to do so. They are also entitled to reclaim any money you make from selling their work.

The only safe option is to create something that is not copied or adapted from the work of others, or seek the permission of the rights owner (you should expect to pay a fee and/or royalties for this).

There is nothing to stop you being inspired by the work of others, but when it comes to your own work, start with a blank sheet and do not try to copy what others have done. In other words, simply draw the silhouette from scratch and you should be safe.

I would be extremely cautious on these matters, because you can easily expose yourself to the copyright claim, issued by big people. It's always a good idea to consult an IP solicitor to be 100% sure.

 

[The Resolver]

...the particular pose that I required is perfectly depicted in the photo of the footballer that I have used.

I assume, therefore, it is not a common pose and for that reason may not be so difficult to identify. For example, if it was someone with buck teeth taking a bite (are you a dentist?) then Suarez's agent will be on to you. Then again, if there's a hand up that's Maradona. Crying - that's Gascoigne. Falling over - Suarez again. Other suggestions?