Intellectual Property Law

Google, Copyrights and Trademarks - An Update

By Laila Wolfgram

Over the years, Google has received countless complaints regarding unauthorized use of images. Earlier this month, Google implemented a feature on its Image Search tool that allows users to filter images by usage rights. Users can use this tool to find images that are available for Internet use and in some cases adaption.

Copyright owners may benefit through the ability to publish their images on-line while retaining control over scope of use and modifications. Once owners choose to make their work available online under these terms, the Google Image Search tool helps people find and use these images.

However, image users should proceed with caution – this tool only identifies which images are available for use. You must make sure your use complies with any license restrictions. Also, you should note that this search feature is not entirely conspicuous – you will need to click on the Advanced Image Search Preferences function which can be accessed through a hyperlink that resides in small text to the right of the Google Image Search box.

Google's practices towards trademark right holders may also be shifting, albeit not voluntarily. On the heels of a setback in the Rescuecom v. Google Case, Rosetta Stone, which publishes and sells foreign language tutorial software, recently announced it filed a lawsuit against Google for trademark infringement resulting from its AdWord (also known as "keywords") program. This suit is the latest in a long line of lawsuits that have been filed to combat this practice.

What this means for you: While Google has made an effort to filter images in its library based upon whether or not they are available for use, you should make an effort to check with the original owner of the image as Google's system is not fool proof. Likewise, as an owner of an image, you should ensure your images are properly tagged with the appropriate license information (if any) when uploading it to the Internet. Finally, with regard to the Rosetta Stone Ltd.v. Google, Inc. case, the outcome remains to be seen. However, if you choose to purchase trademarks as a keyword to trigger search engine advertising, the practice is a potentially risky proposition as it may subject the keyword buyer to a claim for trademark infringement. On the other hand, if you feel a competitor's use of your trademarks as keywords causes consumer confusion and has negatively impacted your business, you may need to actively enforce your rights.

Full post as published by The TechKnowledgy Blog on July 16, 2009 (boomark / email).