Image:NCTE-logo.gif

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[edit] Summary

Organizational logo. Usage in encyclopedia to identify the organization, National Center for Transgender Equality is fair use under both copyright and trademark law.

Available on the organizational web page at http://nctequality.org/ and directly linked at http://nctequality.org/images/logo2.gif .

Trademark fair use: This is a descriptive or nominative use of a logo to describe the organization. There is no competitive use and no possibility of confusion.

Copyright fair use: This is a copyrighted image. Copyright is presumptively held by the organization, the National Center for Transgender Equality. The use of the logo in an article describing the organization is a fair use under 17 USC 107. The logo is not being used in any commercial application that will substitute for any licensing revenue the copyright-holder would have received. It is 100% of the copyrighted work, but in this instance, 100% of the copyrighted work is needed--a logo is by its nature indivisible -- so it is no more than necessary. The work is somewhat creative but its use is descriptive. Here the use is to provide a visual cue in an encyclopedia article about the organization; effectively, a trademark function and one permitted by trademark fair use.

[edit] Licensing

File history

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Date/TimeDimensionsUserComment
current18:50, 27 November 2006266×90 (6 KB)Lquilter (Talk | contribs) (Organizational logo. Usage in encyclopedia to identify the organization is fair use under both copyright and trademark law.)

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