Can anyone here clear this up for me? I'm studying advertising/marketing in school and took some design classes previously. I'm trying to set up a website to show some of my work. I want to start freelancing and need a website to post up my work so people can check out my portfolio. I've been meaning to set up a website for a file to show my work to get internships and etc. Something that I've done for class was taking a photo of a MINI from miniusa.com, selecting out the MINI only, sharpening it, and then photoshopping it into a 2 page magazine spread. If I posted this project up on my website, would I get into trouble for doing so? I would assume the photo is copyrighted to MINIUSA?

 

You need there permission to use a picture or anything that is trademarked by them. I had a Major lawsuit with Porsche over this, the wording you also use on a website can get you in trouble also.
These companies hire people to go through the Internet just to look for these things. Normally you get a warning to stop, after that it is off to court.

 

Hmm I just got a response from my close friend that as long as I put up a disclaimer on the site that I did all the work while I was in school, I should be ok.

 

what was the original name of this web site?

 

my website or the website i pulled it off from? I'm in the process of making my website. I pulled the image from miniusa advertising.

 

Can't do it w/o MINIUSA approval regardless of the use.

 

See if you can get them to allow it. You did a good job in my opinion and it's free advertising for them even if it is their picture.

 

It really depends on if there is a governing agreement on the creation of the art. If the thing was made by someone else and wasn't paid for it then there is a valid question about who owns the item.

What is very true is that this a very good example of how messy this stuff can be.

I don't think fair use covers this, as the use is to show what the OP can do so that he can make money. But fair use is also a very murky area.

If it's posted on an open site, then it may be easiest to just post a link to the work that people can click on to go look at it.

Matt

 

It's touchy, as the MINI logo, MINI USA and a bunch of the slogans used in the ad are all trademarked or copyrighted. You need to put a big disclaimer on the site that this was a school project, and all trademarks and copyrights are owners of MINI.

 

My uncle (a corporate lawyer) said: No, from a legal standpoint, you do not have the right to publish that image on your website (and yes, it is considered publishing)--especially since you're using the image for commercial purposes (to advertise your services). If MINI ever decided to send a cease-and-desist order or decided to persue trademark infringement, you would clearly be in the wrong.

Fair use provisions may protect you if this was purely for artistic or academic purposes, but this is rare.

Best thing would be to use an imaginary product. Make up a brand, change the name and any taglines you may have borrowed, and use a picture of an older car/Photoshop the image of the MINI you're using significantly enough that it can't be called (or recognized as) a MINI.

Or you could ask for permission. You never know--they might grant it. Make sure you do this in writing by snail mail.

Let me know if you have any questions that I can pass along.

 

Well as long as your close friend sad it's ok then it's ok.

 

But if the image I was using was a picture I took of my car. Then everything would be ok then?

My friend whose a photographer tells me that as long as it was done in school, I should be ok. I'm mainly using this site as a portfolio to show work I've done while I'm in school and what my current skill level can achieve at the moment. And if I do any freelance work, and people wanted to see my work samples, I can direct them to the site. It's not exactly a site to pitch my services.

 

Is that sarcasm?

 

If you stole a computer from Best Buy and got caught do you (or your close friend) think you'd get off if you said "But it's for school"?

 

It's unnecessary sarcasm. I truly believed what my friend said as he knows more about copyright then I do. I also firmly believe in the general rule: if you don't have anything nice to say, don't say it.

 

Yes.

Henry: Isn't the point of a portfolio -- online or otherwise -- exactly to "pitch your services"?

I myself was at MassART continuing ed for graphic design a while ago; in an academic context it's great to design for with "real world" products, but unless you're using your own imagery and/or stock imagery, I don't think I'd risk the potential legal hassles with making this particular piece part of your professional book.

 

If sarcasm offends you then you really should avoid the internet.

 

Less then 10 posts and your creating yourself a nice profile here. At the rate your going, the internet is going to avoid you.

Thanks. Have a great day.

 

I guess I'm still stuck in the mind set of just using the site to display my work because I'm still in school. I was thinking of using it more as my personal site and something I can show if I'm interviewing for a internship or part time job (related to my field). That's the heft of it. But thanks for the insight Tim. Really appreciate you joining my thread. I'll def. keep "Isn't the point of a portfolio -- online or otherwise -- exactly to "pitch your services"?" in mind when I graduate. I haven't even started portfolio work yet, as that's part of my curriculum on the last semester.

 

Slightly off subject but MINI USA used to be rather sensitive about copyright infringement. If I remember correctly northamerican motoring would be minicooperonline if MINI did not care.

 

From my uncle:

It's fine if you use it for school work. However, the moment you post it on a website that is publicly accessible and for commercial purposes, that would be trademark infringement, even if it was original for school. Even if you don't intend non-clients to access your website, it's still publicly displayed and could put you in hot water. If you were to directly e-mail the file to prospective clients, that would be fine. Or if you were to slap a password on your website that you give to prospective clients (a password that you do not widely distribute or post publicly), that would be alright too.

You are free to use your own photograph and use that. But the MINI logo at the bottom left would still have to come off (and perhaps the 'ALWAYS OPEN' slogan, if MINI's been prudent enough to trademark that). And to be safe, you might remove the MINI logo on your car. On the plus side, you could use your own photograph of your own vehicle to showcase your photographic and post-processing skills to prospective clients.

Of course, this is from a strictly legal point of view--what MINI could do, if they wanted to. There's the chance that MINI might not care at all! But, like TimL said, in this overly-litigious country we live in (I know because I make my living off our over-litigious corporations) I wouldn't take the chance. It's not hard to tweak your ad to minimize/remove risk.

 

Very interesting. Thanks a lot for your input. It really clarifies it up.

 

+1

I think needing to Photoshop out the MINI logo from your own photos might be a bit much -- how many of us have photos of our cars posted on Flickr or Shutterfly? -- but from my layman's perspective this otherwise sounds like quite prudent advice.

Henry:

There are a number of quite talented photographers here on NAM, too; you might ask around to see if someone might allow you use of their photographs for your school work -- but be sure to give proper credit!! Frankly, I think it would show more creativity to come up with a completely original look for a MINI ad campaign, anyway.

It would be great to see some of your other work sometime -- there seem to be quite a few graphic designers (or design aficionados, in my case) in the MINI community who might be willing to offer a critique....

 

Thanks Tim. This was a project I did a while ago. It advertisement project that was for a Type and Layout class, so layout and type use was one of the more important key focus. Funny you should mention, the MINI community here on NAM was the one that help me on this project. Check it out if you have time.

https://www.northamericanmotoring.co...rtisement.html

I would love to show my work but I'm sure it's not up to par with your work or other graphic designers. (Not a graphic design major) But if your interested, I'll show you my work for a good laugh.

 

carsncars, I just went over the old thread and realized you also pitched in and helped on that project. I just wanted to extend my gratitude and give thanks. My professor actually ended keeping my project for her teaching portfolio.