Should I allow students to manipulate trademarked images for class projects?
Question
I have a student in my class who uses Photoshop to manipulate images. For instance, he has taken the Chicago Bulls logo (the angry-looking red bull) and blurred the image and added some text at the top. Right now, the image is sitting on the student's webfolio (so access is limited). However, I would like to treat this as a teachable moment, especially since manipulating graphics like this is a major interest of his. If this were to be more widely accessible, would the student have to obtain permission from the Chicago Bulls to use the logo, or is it not necessary since he has changed the image? Should he at least cite the source from which he retrieved the original iamge? Any input would be greatly appreciated!
Response
The student who has made a modified image of the Chicago Bulls image faces potential copyright liability for violation of the copyright owner's section 106(2) derivative works right. Making the modified image alone is a sufficient basis for liability, although litigation (or even a cease and desist letter) is not likely unless the student disseminates the image in some manner. Giving attribution as to the source from which the student obtained the image has no effect on copyright liability. There is, of course, a potential fair use defense, which would be strengthened, but not guaranteed, if the use to which the student puts the image is purely educational and non-profit.
The student also faces potential trademark liability, although, once again, conflict with the trademark owner is not likely unless the image is disseminated in some way. The greatest likelihood of liability would arise if the student were to use this image on some merchandise, such as a t-shirt or poster, but liability is possible even if the image were used merely in a parody in a magazine. A disclaimer that the image was not generated by the trademark owner, but by the student might help to reduce the possibility of liability, but would not eliminate the risk.
