Say I have a picture of a cup of coffee………..?
And I insert the picture into my book…
Now say that the picture is a cup of coffee with a starbucks coffee logo on the cup. Is this copyrighting or fraud?
If you cut a picture out and place it in a book that has already been published, i’ts a bookmark (or a good stash place).
If you ADD a picture of a cup of coffee that is printed with a Starbucks logo and you don’t have written permission of the company, you could be sued for copyright infringement, but more likely would be sued for trademark infringement. What you are ’saying’ in this book is also a thing that may be considered … if it is an ‘art book’ and the picture of the logo is incidental, you MAY be ‘covered’ but again, you would probably be sued if the cup was next to a homeless, ragged person, but possibly wouldn’t be sued if the cup was ‘enshrined’ in a way that said that Starbucks is the BEST coffee you can buy. If the picture is ‘incidental’ and the text says something about the Starbucks brand, and you don’t add the little TM in a circle, you could be sued, but you could also be sued if you just say ‘coffee’ but you can identify the logo of Starbucks, because that would ‘imply’ that Starbucks is the coffee you are referring to, so again, the chances of suit would depend on the words … good, you may not be sued, bad you would probably be sued. That little TM in a circle can be the only thing that would ’save you’ from suit, but the actual words or presentation also ‘count’ when the decision is made whether to sue or not to sue.
“Star”Coffee Logo Origin
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