Intellectual Property and Image Rights!
Tabu Information
Many words, phrases, quotes, song titles, song lyrics, movie titles, and the like, can not be used as they are protected in one way or another.
Trademark infringement - in laymen's terms - is basically when someone uses your trademark, or one similar to it, so as to create confusion as to his association with the trademark owner or product/service which the trademark represents. This can include lines of dilution which blurs or tarnishes the owners mark.
The number of protected names and phrases is too long to list but here are a few areas to keep in mind. Avoid these areas and other similar areas in your designs. If in doubt, leave it out!
1. Brands/Images/Marks - These include ones like A.A. Alcoholics Anonymous for instance. See A.A.Link. [Link]. Forum AA/NA discussion:[Link] Others (examples):
- "Alice in Wonderland" is under protection by Disney. See: [Link1][Link2]. However we will allow the phrase "Alice's Adventure in Wonderland" which is the name of the novel. You should likely combine with other related terms like: Alice, fantasy world, fable, Lewis Carroll, etc.
- Art Explosion, like most clip art companies, does not allow the use of their images commercially. Please see [Link].
- “Bird Sings” is trademarked to a greeting card company so is not allowed in Title nor on a card. Used as separate terms in keywords separated by commas and in a sentence is OK such as "When the bird sings I think of you."
- Boy Scouts of America (logo, mottos, insignia, patches, emblems, badges, laws & marks). See [Link]
- Brussels Atomium. See [Link]
- Chrysler Building is trademarked and images of it cannot be used commercially.
- Eiffel Tower image – night time light display photos not allowed except where the tower is incidental (in panoramic view.)
- FIFA – World Cup Soccer - See [Link]
- Girl Scouts (logo, mottos, insignia, patches, emblems, badges, laws & marks). See [Link]
- Godzilla - Do not use likeness or images. [Link]
- Hershey Kisses
- Hollywood Sign - If you are an amateur photobug or videographer shooting only for your own personal use, then there is no need to seek permission before aiming your lens at the Sign. But if the images or footage you are taking are intended for any sort of commercial purpose, then permission is required. See [Link]
- Hormel Foods, LLC – SPAM
- I [Heart] NY - I [Heart] anything else (NC, for example) may be trademarked by that state's economic development dept.
- Just Born, Peeps - See [Link]
- Louvre specifically the glass pyramid in the inner court of the Paris Louvre. See [Link] and [Link]
- Marines - Forum Discussion: [Link]
- Marine Corps War Memorial (Iwo Jima Memorial) - Located in Arlington, VA. Unacceptable for commercial use. See [Link]
- N.A. - Narcotics Anonymous
- Mark Twain quotes are copyright protected and cannot be used commercially. See [Link]
- Olympic Rings
- Olympic Games - Like all of the Olympic Games there are many associated names, marks, works, designs, logos & mascots that are tightly controlled and define their “brand”. As a group these are referred to as “Protected Games’ Marks” and are legally protected marks that cannot be used by unauthorized parties. See [Link] and [Link]
- “Rudolf” when associated with the image of a red nosed reindeer, images alone ok. Under trademark laws, anyone who uses the name Rudolph with an image of a reindeer-like animal with a bright, red nose without permission is potentially violating terms of a trademark.
- Seattle Space Needle - Trademarked and images cannot be used commercially UNLESS used as an "inconsequential or incidental element of the design."
- Sydney Opera House - Images of the Sydney Opera house where the SOH is the dominant/primary focus of the creative. See [Link]
- Tiffany Blue - the color is not to be used. Also do not use that term in your text or keywords. [Link]
- United States Postage Stamps – post 1978 not allowed
- USA Military Service Badges - United States insignia of the military service are not allowed to be used in royalty-free stock images. This includes agency insignia, military decorations, golden eagles and presidential seals. Other unit insignia in the form of patches, flags, metal insignia, or other heraldric devices are also protected. See [Link]
- Who’s Your Daddy - Trademark of Who’s Ya Daddy, Inc.
2. Phrases/Taglines
- “Autism Speaks”
- “Double your Pleasure, Double your Fun” - See [Link]
- "Got Milk?" is a registered trademark of the California Fluid Milk Processor Advisory Board, STATE AGENCY CALIFORNIA, 1801A Fourth St., Berkeley CALIFORNIA 94710. To be safe GCU will return all designs that play off of the Got Milk? mark.
- “Guitar Hero” - See [Link]
- “Happy Name Day”
- “Help, I’ve fallen and I can’t get up”. (LifeAlert) We will also not allow any parody of such phrase.
- “Hula Hoop” by Wham-O
- “The Other White Meat” – National Pork Board
- ”Pink Warrior”
- "Raggedy Ann" & "Raggedy Andy" - names not allowed, images are ok
- "Sweethearts" - use of the term "Sweethearts" in relation to conversation heart candies (images of the candies are ok). Registered trademark of NECCOs.
3. Figurines/Collectibles/Toys (examples)
- Beanie Babies – Ty, Inc.
- Berenstain bears
- Care Bears – American Greetings
- Precious Moments characters
- Webkinz
4. Song lyrics (examples)
- “Follow Your Bliss” - Joseph Campbell Foundation protected trademark. See: [Link]
- God Bless America - Lyrics cannot be used; they are under copyright. See: [Link]
- Happy Birthday Song - See [Link]
5. Poems - Terms of use see: [Link]