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Copyright Extra: Brands and Logos

A private staff only guide to complement the published Copyright LibGuide.

Brands and Logos

Q. Can we refer to band-aids (which is a proprietary name) in our nursing course?

          Yes, this is not a copyright issue

Q. Can we take a photo of some Snap-On branded tools?

          Yes, It's the photo that retains the copyright. The photo is then our TAFE NSW intellectual property and should be labelled as such

Q. Can we use photos of branded products taken by/owned by a company?

          Yes if we have permission or if we label under our Educational Licence- it’s the images that are copyrighted, not the branding

Q. Do I ask the supplier or the brand owner for permission to use images from a suppliers website?

     You can ask the supplier for permission. In some cases, however, it might be more beneficial to ask the brand owner for wider permission relating to a suite of product images.

Q. Can I use an image of a company logo?

          Yes this is an image like any other image- apply the labelling rules based on how or where you got the image. You can also consider linking to the image. Linking is not a copyright activity.

Q. Do I have to include the registered (R) or trademark (TM) symbol when mentioning a product?

          No this is not a copyright requirement

Percieved Promotion of a Company or Product

If you are concerned about appearing to promote companies by including references to their products or logos, use this statement and place it with the attribution table at the end of the learner resource:

Reference to, or an image of, a logo or a branded product in this resource does not imply any TAFE NSW endorsement or association with the company.

Using Product Names for Similar Goods and Activities

Generally, you will not be able to use a trademarked brand name to illustrate a similar resource or product.

For example: 

Q. Can I use the term Shark Tank to promote a competition?

No, "Shark Tank" is a protected term for organisation of events or competitions.

Check out the Shark Tank page on the  IP Australia Website