Quote:
Originally Posted by mr ploppy
I would have thought it would violate a trademark though. There was a car manufacturer a few years ago that issued take down notices on websites that contained photos of their cars that were taken by the car owners. That wouldn't be far removed from what you have done with the dalek.
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No, that's a difference between copyright and trademark law. Copyright infringement can occur whenever an image is copied without the permission of the copyright holder - eg the album cover (I'm guessing that's what it is?) you have for your avatar could conceivably be considered to be copyright infringement if you don't have the permission of the copyright holder to reproduce it (although nobody would be bothered by such usage in reality). Trademark infringement can only occur if a trademark is being used for purposes of trade. Eg, you're free to set up a web site selling Hoovers, and have pictures of Hoovers on it, but you couldn't start a company called "Hoover Repairs, Ltd", because that would be using the trademarked name "Hoover" for commercial purposes.