Re: Re: Software Screen Shots

Motion for Reconsideration

"Ford" and "Mustang" are registered trademarks, but it isn't trademark infringement to advertise "For sale: 67 Ford Mustang. Best Offer" -- unless that's not what you're selling.

With respect to the screen-shot, we can presume that the software is protected by copyright, but the screen-shot isn't an unauthorized copy of the software. The hundreds or thousands or millions of screen-shots that the software might produce are created by the user of the software, not the author of the software; and whether they are derivative works, whether the derivative is authorized (at least by implication), or whether the reproduction of the screen-shot is a fair use, isn't clear -- at least not on the limited facts we have. Consider a CAD program used to create a floor-plan for an office building. The owner of the software copyright doesn't own the copyright in a screen-shot of the floor-plan any more than Qualcomm owns the copyright in this email by virtue of its ownership of the copyright to Eudora. Even when the user makes little or no contribution to the display created by the software, like the Grand Theft Auto computer game, I think you can safely publish a screen shot to show what it looks like without liability for infringement.

John Noble

At 5:50 PM -0400 6/3/05, Mike Bradley wrote:
>You need permission. The logo and interface of a program are
>protected by copyright and/or trademark.
>
>= Mike Bradley
> www.techpubs.com
>
>
>
>
>Hi all,
>
>What's the legal status on using a screen shot from a software
>package (including the application logo) in a marketing
>pamphlet/flyer?
>
>Thanks!
>
>Matt
>
>
>Matthew D. Laliberte
>Instructional Technologist
>Worcester Polytechnic Institute
>
Received on Tue Jun 07 2005 - 01:20:00 GMT