So, I screwed up when picking's logo. Basically, the logo we chose is a modified version of a graphic (egg hatching icon on Canva) colored yellow with a circular background. That particular graphic is a Pro graphic. I have Canva Pro, so I figured it would be fine. When I made that design in Canva, I had not read Canva's Content License Agreement which creates special restrictions for Pro content from Canva's content library.
In this post I will go over all of the reasons why we cannot keep using Hatch's logo, according to the Canva Content License Agreement.
Section 3: Pro Content License (aka One Design Use License)
Under the terms of this agreement, we grant you a perpetual, non-exclusive, non-transferable (subject to section 4A below), worldwide license to use Pro Content or Pro Template in a single Canva Design, for the Permitted Uses defined in sections 5 and 7 below (Pro Content License or One Design Use License). You may not copy, download or distribute the Pro Content as a standalone item.
Technically I may have done that. It does not state what counts as a "standalone item", but I downloaded the image on a plain white circle background.
Section 6: Additional Permitted Uses for Free Content only
Free Content has fewer restrictions than Pro Content – you can use it in the following additional ways:
1 Use the Free Content in more than one Canva Design without obtaining an additional license;
2 Download the Free Content on a standalone basis; and
3 Use the Free Content in templates for websites, social networking websites, documents, projects or otherwise for distribution and/or sale to third parties;
4 Use the Free Content in design template applications intended for resale, whether online or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates; and
5 Install and use the Free Content in more than one location or post a copy of the content on a network server or web server for use by people employed by or performing services for you.
If your Canva Design contains any Pro Content, you can’t use it for these purposes.
Section 9: Prohibited uses
You definitely can’t do these things with any free or Pro Content on Canva:
1 sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Content License Agreement (subject to section 4A);
2 use any of the Content as part of a trade-mark, design-mark, trade-name, business name or service mark (excluding fonts);
3 use Content identified as “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use. In this agreement, “Editorial Use Only” content means relating to events that are newsworthy or of general interest and expressly excludes any advertorial use (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor);
4 remove any notice of copyright, trade-mark or other proprietary right from any Content or Canva Design;
5 Use or display the Content on a standalone basis on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items;
6 use the Content in a way that is pgraphic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
7 use the Content in a way that places any person depicted in the content in a bad light or in a way that they may find offensive – this includes, but is not limited to, the use of images: a) in pgraphy, “adult videos” or the like; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content, or content in violation of any applicable industry codes or regulations. You may not use content containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition;
8 use Content in a manner that competes with Canva’s business including, but not limited to, displaying content in any format (including thumbnails) for download or export on a website, or offering content for sale; maybe this because we are going to allow downloading sb3s???
9 use the Content for editorial purposes without including the following credit adjacent to the Content or in audio/visual production credits: “©[insert Contributor’s Name] via Canva.com;
10 incorporate the Content in any product that results in a re-distribution or re-use of the content or is otherwise made available in a manner such that a person can extract or access or reproduce the content as an electronic file;
11 to the extent that source code is contained within the Content, reverse engineer, decompile, or disassemble any part of such source code;
12 use or display the Content in an electronic format that enables it to be downloaded, exported or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
13 use or display Content in a manner that gives the impression that the Content was created by you or a person other than the copyright holder of the Content (including without limitation, by claiming ownership of, or exclusive rights to, the Content); i guess this applies because we did not credit the creator of the content on our social platforms or website
14 use Content for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons.
The Pixabay, Pexels and CC0 licenses may permit some of these activities - please check the relevant license.
So yeah, we're going to have to come up with a new, legal, logo.
In this post I will go over all of the reasons why we cannot keep using Hatch's logo, according to the Canva Content License Agreement.
Section 3: Pro Content License (aka One Design Use License)
Under the terms of this agreement, we grant you a perpetual, non-exclusive, non-transferable (subject to section 4A below), worldwide license to use Pro Content or Pro Template in a single Canva Design, for the Permitted Uses defined in sections 5 and 7 below (Pro Content License or One Design Use License). You may not copy, download or distribute the Pro Content as a standalone item.
Technically I may have done that. It does not state what counts as a "standalone item", but I downloaded the image on a plain white circle background.
Section 6: Additional Permitted Uses for Free Content only
Free Content has fewer restrictions than Pro Content – you can use it in the following additional ways:
1 Use the Free Content in more than one Canva Design without obtaining an additional license;
2 Download the Free Content on a standalone basis; and
3 Use the Free Content in templates for websites, social networking websites, documents, projects or otherwise for distribution and/or sale to third parties;
4 Use the Free Content in design template applications intended for resale, whether online or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates; and
5 Install and use the Free Content in more than one location or post a copy of the content on a network server or web server for use by people employed by or performing services for you.
If your Canva Design contains any Pro Content, you can’t use it for these purposes.
Section 9: Prohibited uses
You definitely can’t do these things with any free or Pro Content on Canva:
1 sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Content License Agreement (subject to section 4A);
2 use any of the Content as part of a trade-mark, design-mark, trade-name, business name or service mark (excluding fonts);
3 use Content identified as “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use. In this agreement, “Editorial Use Only” content means relating to events that are newsworthy or of general interest and expressly excludes any advertorial use (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor);
4 remove any notice of copyright, trade-mark or other proprietary right from any Content or Canva Design;
5 Use or display the Content on a standalone basis on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items;
6 use the Content in a way that is pgraphic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
7 use the Content in a way that places any person depicted in the content in a bad light or in a way that they may find offensive – this includes, but is not limited to, the use of images: a) in pgraphy, “adult videos” or the like; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content, or content in violation of any applicable industry codes or regulations. You may not use content containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition;
8 use Content in a manner that competes with Canva’s business including, but not limited to, displaying content in any format (including thumbnails) for download or export on a website, or offering content for sale; maybe this because we are going to allow downloading sb3s???
9 use the Content for editorial purposes without including the following credit adjacent to the Content or in audio/visual production credits: “©[insert Contributor’s Name] via Canva.com;
10 incorporate the Content in any product that results in a re-distribution or re-use of the content or is otherwise made available in a manner such that a person can extract or access or reproduce the content as an electronic file;
11 to the extent that source code is contained within the Content, reverse engineer, decompile, or disassemble any part of such source code;
12 use or display the Content in an electronic format that enables it to be downloaded, exported or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
13 use or display Content in a manner that gives the impression that the Content was created by you or a person other than the copyright holder of the Content (including without limitation, by claiming ownership of, or exclusive rights to, the Content); i guess this applies because we did not credit the creator of the content on our social platforms or website
14 use Content for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons.
The Pixabay, Pexels and CC0 licenses may permit some of these activities - please check the relevant license.
So yeah, we're going to have to come up with a new, legal, logo.
Comments
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pkcell 14 days ago -
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maybe change the logo on the social media accounts and stuff to a temporary thing -
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