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Re-using a small part of an artwork in a logo design


Can I reproduce a trademarked logo in my blog?Is using a song in my outro considered fair use?Is using video games to train computer AI considered fair use?Apple prohibited using an apple image?Can I use the Olympic logo in a card within my board game?Can I publish a conceptual logo for a real company in a portfolio?Is a video demonstrating a small portion of a movie sync fair use?Using a company's logo for a simulated experience in a classroomIs it legal (fair use) to use lyrics as part of a personal project?Using excerpts from works for student reading comprehension book. Fair use?













0















The artwork La Gerbe by Matisse was created in 1953. It consists of about 30 fern-like shapes on a white background. I am making a logo for a non-commercial academic website and it was suggested to me to use one of those shapes, albeit recoloured to match the website's theme. (There are intellectual reasons, and a kind of mathematical and visual pun why this particular image was suggested...)



I am aware that the EU copyright in this work expires in about five years, as Matisse died in 1954, and US copyright would extend five years beyond that.



I'm hesitant because while some fair use principles seem to apply (no effect on the Matisse estate's earning power; only ~3% of the artwork, and not representative of the whole; non-profit usage in an academic setting; original is a painting but new work is a logo for a wiki website), I don't quite feel 100% comfortable. On GraphicDesign.SE, where I first asked this, one user commented this was a clear case where it would be a copyright violation.



Any advice or resources that would help make a more solid case either way? (I respect the above-mentioned GD.SE user's experience and advice, but it is the say-so of one person on the internet) I've had a quick look around, but I cannot find any discussion about similar situations.










share|improve this question







New contributor




David Roberts is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.




















  • Oh, and the webserver where this will be hosted is located in the USA, which is why I include both PD dates, in case one or the other, or both, are relevant.

    – David Roberts
    10 mins ago















0















The artwork La Gerbe by Matisse was created in 1953. It consists of about 30 fern-like shapes on a white background. I am making a logo for a non-commercial academic website and it was suggested to me to use one of those shapes, albeit recoloured to match the website's theme. (There are intellectual reasons, and a kind of mathematical and visual pun why this particular image was suggested...)



I am aware that the EU copyright in this work expires in about five years, as Matisse died in 1954, and US copyright would extend five years beyond that.



I'm hesitant because while some fair use principles seem to apply (no effect on the Matisse estate's earning power; only ~3% of the artwork, and not representative of the whole; non-profit usage in an academic setting; original is a painting but new work is a logo for a wiki website), I don't quite feel 100% comfortable. On GraphicDesign.SE, where I first asked this, one user commented this was a clear case where it would be a copyright violation.



Any advice or resources that would help make a more solid case either way? (I respect the above-mentioned GD.SE user's experience and advice, but it is the say-so of one person on the internet) I've had a quick look around, but I cannot find any discussion about similar situations.










share|improve this question







New contributor




David Roberts is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.




















  • Oh, and the webserver where this will be hosted is located in the USA, which is why I include both PD dates, in case one or the other, or both, are relevant.

    – David Roberts
    10 mins ago













0












0








0








The artwork La Gerbe by Matisse was created in 1953. It consists of about 30 fern-like shapes on a white background. I am making a logo for a non-commercial academic website and it was suggested to me to use one of those shapes, albeit recoloured to match the website's theme. (There are intellectual reasons, and a kind of mathematical and visual pun why this particular image was suggested...)



I am aware that the EU copyright in this work expires in about five years, as Matisse died in 1954, and US copyright would extend five years beyond that.



I'm hesitant because while some fair use principles seem to apply (no effect on the Matisse estate's earning power; only ~3% of the artwork, and not representative of the whole; non-profit usage in an academic setting; original is a painting but new work is a logo for a wiki website), I don't quite feel 100% comfortable. On GraphicDesign.SE, where I first asked this, one user commented this was a clear case where it would be a copyright violation.



Any advice or resources that would help make a more solid case either way? (I respect the above-mentioned GD.SE user's experience and advice, but it is the say-so of one person on the internet) I've had a quick look around, but I cannot find any discussion about similar situations.










share|improve this question







New contributor




David Roberts is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.












The artwork La Gerbe by Matisse was created in 1953. It consists of about 30 fern-like shapes on a white background. I am making a logo for a non-commercial academic website and it was suggested to me to use one of those shapes, albeit recoloured to match the website's theme. (There are intellectual reasons, and a kind of mathematical and visual pun why this particular image was suggested...)



I am aware that the EU copyright in this work expires in about five years, as Matisse died in 1954, and US copyright would extend five years beyond that.



I'm hesitant because while some fair use principles seem to apply (no effect on the Matisse estate's earning power; only ~3% of the artwork, and not representative of the whole; non-profit usage in an academic setting; original is a painting but new work is a logo for a wiki website), I don't quite feel 100% comfortable. On GraphicDesign.SE, where I first asked this, one user commented this was a clear case where it would be a copyright violation.



Any advice or resources that would help make a more solid case either way? (I respect the above-mentioned GD.SE user's experience and advice, but it is the say-so of one person on the internet) I've had a quick look around, but I cannot find any discussion about similar situations.







fair-use






share|improve this question







New contributor




David Roberts is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.











share|improve this question







New contributor




David Roberts is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.









share|improve this question




share|improve this question






New contributor




David Roberts is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.









asked 14 mins ago









David RobertsDavid Roberts

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1012




New contributor




David Roberts is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.





New contributor





David Roberts is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.






David Roberts is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.












  • Oh, and the webserver where this will be hosted is located in the USA, which is why I include both PD dates, in case one or the other, or both, are relevant.

    – David Roberts
    10 mins ago

















  • Oh, and the webserver where this will be hosted is located in the USA, which is why I include both PD dates, in case one or the other, or both, are relevant.

    – David Roberts
    10 mins ago
















Oh, and the webserver where this will be hosted is located in the USA, which is why I include both PD dates, in case one or the other, or both, are relevant.

– David Roberts
10 mins ago





Oh, and the webserver where this will be hosted is located in the USA, which is why I include both PD dates, in case one or the other, or both, are relevant.

– David Roberts
10 mins ago










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