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What I am trying to figure out is, can someone legally use an actual image ... General Blackberry forum

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    Jaricanese's Avatar
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    Question Is a picture of a BlackBerry under copyright/trademark?

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    What I am trying to figure out is, can someone legally use an actual image of say a BlackBerry Curve or Storm or something like that? Of course I see them around all the time but one is it legal? Especially outside of news post?

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    If you own the device you have every right to take and post pictures of it. Pictures found on the net are public domain and you can post them as well as long as you give proper credit. I don't believe the copyright laws are the same as they are with music and things. Also if there is no disclamier saying this image may not be shared or distributed then I don't think there is much the original poster could do about it. Of course this is just how I see it and I am probably wrong. Maybe we have a lawyer floating around.
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    Moderncowboy's post is correct, the only thing I would add is that there may be an issue if the image of a Blackberry is used for profit. Best example would be in a movie or on a TV show where the intent is to draw profit, then there probably needs to be an agreement of some kind with RIM.

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    Jaricanese's Avatar
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    Hmm okay so it is pretty much what I thought. What would you guys consider for profit? For example, could a picture of a BlackBerry Curve and like PS3 be on a gaming site? Like a legit site like say IGN.com but the site itself is free?

    I been trying to look through RIM's/BlackBerry's websites and I only get information on using there logos and phrases but not on device images themselves.

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    Quote Originally Posted by Jaricanese View Post
    Hmm okay so it is pretty much what I thought. What would you guys consider for profit? For example, could a picture of a BlackBerry Curve and like PS3 be on a gaming site? Like a legit site like say IGN.com but the site itself is free?

    I been trying to look through RIM's/BlackBerry's websites and I only get information on using there logos and phrases but not on device images themselves.
    I think that on the site itself, 'specially if it's free like ign.com, there would not be a problem, because there's no intent to use the Berry for profit. Maybe an example of using an image of a Blackberry for profit would be, say, a website that sells aftermarket products for a Blackberry, like leather holsters or cases, or batteries or chargers, and then uses a picture of a Blackberry. That would be using the image for profit.

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    Jaricanese's Avatar
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    Okay thanks for all the opinions guys I appreciate it. So I will go ahead and if I get sued I'll just blame you all

    Thanks

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    That won't work in court. But think of it as a car. Car pictures are taken and shown all over and car companies don't get royalties from that. Just use "your" picture.
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    Quote Originally Posted by graciliano View Post
    That won't work in court. But think of it as a car. Car pictures are taken and shown all over and car companies don't get royalties from that. Just use "your" picture.
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    Actually, they do. Part of the contract for franchising a dealership is the right to use images of the cars for sale, i.e. if you want to be a Ford dealer, or a Gibson Guitar dealer, or whatever, you pay for the privilege of selling the item and using the images and ads. Conversely, the car companies themselves will pay for their autos to be used in movies because of the exposure.

    If I designed something purty, and discovered someone else making money off of my artwork, I would want to be compensated. Also, I would be hesitant to use someone else's image to make a profit.

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    thbassman's Avatar
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    So be careful, J!
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    Wow! Thanks for the information Mark.
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    Jaricanese's Avatar
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    Quote Originally Posted by thbassman View Post
    So be careful, J!
    Thanks for the lookout.

    Yeah a site is going to be started up in the feature and would need to feature images of Blackberry or PS3s or even an xBox so I was curious as to how that would work. Thanks for the insight guys.

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