Thread: Beyond bogus
View Single Post
Old 04-18-18 | 06:57 AM
  #57  
kbarch's Avatar
kbarch
Senior Member
 
Joined: Aug 2014
Posts: 4,286
Likes: 1
Originally Posted by njkayaker
The fair use issues are not at the level of the kit. It's at the level of the brand design/logo. It's not really advertisement unless the company says so. "You" can't really make that choice for the company.
In this case it's not my choice, it's by definition. Graphics and signage that direct ones attention to goods or services that are not contained in or available from the thing on which they are placed are, by definition, advertisements. The only sponsor's logo on team kit that could be something else is the maker's. That said, when the maker's branding is big and prominent enough, people rightfully complain that it becomes an advertisement as well, but sure, the maker can rightfully say it is not.

It would be absurd to argue that just any reproduction of a logo on advertising signage and graphics is protected by copyright when the whole point of it is to display it in forms NOT connected to the product or service itself - especially when they become so prominent and pervasive that it becomes virtually impossible to capture an image of a sporting event without including them. They are essentially begging to be copied.

Meanwhile, back to the thing that started it all. I got to thinking that if I could have an original A&S/Mokambo speedsuit, that would be nice, and I found a good photo that revealed that the maker was Biemme. So I asked them if they knew where I could get one. The prompt reply was along the lines of "that's so old - no idea where you might find one," so I'm following up to see what they have to say about replicas available from Hong Kong.
kbarch is offline  
Reply