The Question: Can I legally use company logos on my couponing blog?

Dear BB101, I started a couponing blog and I am unsure about the use of images. I don’t really understand what is legal and what isn’t (besides using my own photos). Since it’s a couponing blog I’ll be discussing many companies and products. Can I use their logos legally? It seems like all the couponing blogs do, but I am not sure they should be. What’s the answer?

The Answer: Yes, you can legally use company logos on your couponing blog.

This is such a great question! Coupon sites are making it easier for consumers to save money and try new products, mostly from the comfort of their homes before ever hitting the stores — or from the convenience of their smart phones while in the stores. How brilliant is that? The fact is, we live in a multibillion-dollar coupon industry. Consumers are spending billions while also saving a ton of money. Just last year, 3.3 billion coupons were redeemed according to Coupons.com.

When I started researching the answer to this question, it seemed appropriate to seek the knowledge of someone who counsels others about all things online, so I asked Lucretia Pruitt, Founder Social Media Matters, for her take on this blogger’s question. She explains the reader is really asking two questions: one is about photo copyright, and the other is about trademark use.

Photos and images on the Internet are subject to copyright laws in the US and other countries, making them somewhat different than logos, brand names, and catchphrases that are registered as trademarks.

According to Pruitt, there are three main types of photos/images you find on the Internet:

1. Copyrighted images have either all or some rights reserved. You must have the copyright holder’s permission to use these images.
2. Public domain images are those that no longer have copyright protection either because they aged out of it (max. 120 years) or for some other reason. Anyone can use these images.
3. Creative Commons (CC) licensed images are copyrighted pictures that the creator has marked using a specific Creative Commons license. The type of license determines how you can use the image. Pruitt boils it down even further explaining that the three elements of a CC license are:

• attribution
• whether or not you can make derivatives (i.e., change or modify the image), and
• whether or not you can use the image for commercial use.

At a minimum, you have to attribute the creator (i.e., Photo by Bob Smith) and include a link. You’ll notice this article has an image at the top of the article. That image was found via the PhotoDropper plug-in for WordPress. That plug-in takes keywords you type in, then searches Flickr for Creative Commons images that match. You can then insert the image into your post and the plug-in creates an auto-attribute (you’ll see the one for the copyright image down at the bottom of this article — it looks like this:  photo credit: gabrieldeurioste).

Pruitt notes, “If you are making money off of [your blog], you will also need to have the work approved for commercial use.” This is important to bloggers because a hobby blogger can use a Creative Commons image that has non-commercial conditions, but bloggers who make money from their blogs cannot.

Sites like Flickr.com and Google’s image search have options to search for Creative Commons licensed & public domain images. Just make sure that you go to the “advanced” search options.

Now back to logos and trademarks. Wikipedia gives a succinct definition of a trademark: “A trademark is typically a name, word, phrase, logo, symbol, design, image or a combination of these elements.” Any company (large or small) investing time and money into trademarking their logo will be protective of how their logos are used. As a blogger, when you’re writing about a brand, you will be using their name and other trademarks like their logo under the “Fair Use” doctrine.

Specifically, Pruitt says fair use of a logo or other trademark (not to be confused with copyright) may be asserted on two grounds:

1. You are using the mark to describe accurately an aspect of your own product, or
2. You are using the mark to identify the actual mark owner.

It’s the second one that really applies here. “If you are using say, the logo for ‘Campbell’s ® Chunky ™ Soup’ you’d probably be using it to refer to their actual soup. So what you are doing is covered under Fair Use of a Trademark,” according to Pruitt.

But you’ll note the phrase in quotations above has an ® and a ™ in it. Yes, those two words are trademarks of that company. So when you write about that brand, you should make sure to do it the way that it’s written above. If you’re not sure, it’s better to err on the side of caution and go check the brand’s website. That’s probably where you are getting the logo from in the first place, so it’s just a quick check to see how they refer to the product or brand name.

Trademark and logo use violations are unintentional in most cases. But you don’t want to invite legal action by blatant misuse of a logo or image. A majority of deal or coupon websites seek permission to use a company logo as part of the deal contract.

Any time you are not sure about using a company’s logo or image, ask or consider that perhaps you don’t really need the logo anyway. You can promote a discount or coupon offered by simply using the company name.

Disclaimer: Lucretia and I are not lawyers, but this is our understanding of how it all works. If you need specific legal advice, you should contact an attorney. Better to protect you now than defend you later — or all that money you save using coupons and taking advantage of daily deals could be spent on legal fees.

Thank you to Rajean Blomquist (@rajean) and Lucretia Pruitt (@lucretiapruitt) for researching the answer to this question and sharing their knowledge. — Melanie

photo credit: gabrieldeurioste

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• One Year Ago Today — Learning to Embrace the Tech Community via Girl with a Computer. I really needed to read this yesterday. I’ve had a hard week of learning and frustration. I’ve been blogging a long time and I understand the mechanics of it, but when I try to reach beyond it, sometimes the learning is tough. I know I can do it because 15 years I ago it was my job to do it. And if you’re just starting, you can do it too. Go read this article and let Ashley remind you that you can do this.

• User’s Guide for All in One SEO Pack via WP Beginner. The All in One SEO Pack is one of the must-have plug-ins for your WordPress.org blog and now you’ll know how to use it to its full potential!

• What it Looks Like When Brands Don’t Get Social Media via Incslingers. Sometimes you get it, sometimes you don’t. And when you don’t, you usually are working with a traditional marketing or journalism team that is resisting the changes social media is demanding. Don’t make that mistake. Bring in people who understand what people expect online.

• SEO Copywriting Checklist for WordPress Blogs via Web Success Diva. The method suggested here requires some preparation and work on your part (hello, editorial calendar!), but I think you may be happy with the results. If you try it out, let us know how it worked. I’m betting you’ll have more results than just great SEO — an editorial calendar really helps with the overall organization of your blog.

• TypePad for Dummies Interview & Questions Answered via Build a Better Blog. Shannon and I spent the other day fielding blogging questions (some about TypePad, some not) and the discussion was really interesting. Check it out and let me know what you think.

• How to Blog (Better) via BlogHer. BlogHer has a new forum up where you can ask questions and get answers. I’ve been in there a few times and there’s some good info to be had. Stop by, join the group, and jump in!

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Blog Roll Basics

• What is a blog roll? A blog roll is a list of blogs you like and want to share with your readers. Usually you list the name of the blog and link to the site. If you’re really ambitious, you may give an overview of the blog or link to some of your favorite posts from that blog.
• How do I make a blog roll? Making a blog roll is fairly simple. You probably don’t want to make it into a blog post that will get buried on your site. Instead, make a static page and list the blogs and links there. Then you can link to it directly from your navigation on your blog’s front page.

Care and Feeding of Blog Rolls

The problem with most blog rolls is that they can overwhelm you quickly. You have decide what kind of blog roll you want to share (more on that in a minute), how often you’ll update the list, who you’ll include on the list, etc.

• What kind of blog roll do you want to create? Just like your blog, your blog roll can be many things. You can have a blog roll of your personal favorites or a list of blogs that are relevant to your blogging niche. Maybe you’re writing a hyper-local blog and you want to list the blogs in your city — why not sort them by area so your readers have an idea of where everyone is? The possibilities are endless.
• How often will you update your blog roll? Many bloggers think a blog roll is a “set it and forget it” affair, but it isn’t. If you’re not updating blog roll regularly, your readers aren’t checking it regularly and it’s not useful to anyone. Keep your blog roll current and changing to keep it interesting to your readers. If they know you update the list regularly or on a specific day, readers are more likely to check that page regularly.
• Who will you include in your blog roll? Regardless of the type of blog roll you create, be prepared for some hurt feelings. I’m of the mind that your blog is your domain and you choose the content and links, but any time you start making lists, someone is going to get left out and, subsequently, have their feelings hurt. Lists always have a bias to them, and your blog roll is no exception. You have two choices here: make an all-inclusive list (impossibly huge and hard to manage, let alone update) or make a carefully culled list (more manageable, but feelings may be hurt). If you make an all-inclusive list, what exactly is your point? You’re listing everyone you read? Or links to you? Blog directories already do that. And if your list is all-inclusive, how will you curate it? How can you update it or change it if everyone is already listed? If it’s a long alphabetized list, what happens to the blogs that start with M when the reader got tired of sifting through the titles at F? If you make a carefully culled list, you have more opportunities to change the list as your tastes change or to highlight specific blogs on a rotating basis. Even so, be prepared to receive an e-mail or two from bloggers who want to know when you’re going to include them in your list.

Blog Roll Etiquette

Now that you’ve created your blog roll, what’s the next step? What are the ins and outs of blog roll expectations? The reason for your blog roll shouldn’t be to list other blogs in the hopes they’ll list you in return. Create your blog roll because it’s a useful tool either for yourself or for your readers.

• Should I contact the blog owners to tell them I’m linking to them? Even if you haven’t had contact with a particular blog owner, but you’d like to include them in your blog roll, you can definitely drop them a quick e-mail letting them know you’re linking to them.
• Should I ask for a reciprocal link? No. Asking any blogger for a reciprocal link is bad blog etiquette. Invariably it’s a newer blogger or a blogger with less traffic asking a seasoned blogger with more traffic for a link. From the new blogger’s point of view, they just want some traffic and recognition. From the seasoned blogger’s point of view, though, you’re asking them to vouch for you and your content (even if they do not read you), and you’re putting them in the awkward position of telling you no.
• Do I have to link back to someone if they include me on their blog roll? Nope. And if they imply that it’s the polite thing to do, they are misinformed. You are under no obligation to include them on your blog roll (though they may remove you from theirs — and that’s OK too). You might send them a short e-mail to thank them, though.

My Personal Thoughts on Blog Rolls

In my opinion the traditional blog roll is outdated thinking. The original blog roll was a list of sites you liked and was extremely popular about five years ago. New bloggers would make them as a way to keep track of what they liked and to share those interests with their readers. After a few months, the novelty wore off and those bloggers ditched the blog roll and just linked to other bloggers within their regular posts (which was actually a more effective way of introducing your audience to a new blogger because it didn’t involve a click to another page; the link was obvious, not buried somewhere else). In fact, it turns out that most people don’t check your blog roll regularly whether you’re updating it or not. A reader may check it once or twice a year (and that’s being generous).

Now that most people use RSS feeds, e-mail feeds, Twitter, and Facebook as their link sources, blog rolls as they were five years ago just aren’t necessary. Instead, the blog roll has evolved and, if created well, is a helpful list of resources for your new readers. For instance, if you’re writing a blog about home decorating, it could be extremely useful to have a list of the other top blogs or resources for your niche so you audience can find even more information. A list like this helps your audience find relevant sites, establishes your authority (since you know where are the good blogs are in your niche), and is just plain old good will toward others.

Another evolution of the blog roll is the microblog. Instead of creating a static blog roll I need to update regularly, I use Tumblr to share links from the blogs I read. If you’re subscribed to the BB101 Tumblr RSS or my Twitter feed you’ll see my links throughout the day. That takes pressure off me to to update something and pressure off you to check a static page to see if it’s changed. Win-win.

photo credit: theparadigmshifter

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1. Use permalinks whenever you can. A permalink is the link to an individual blog post. These are important because if you ever need to link to an exact blog entry, you use the permalink as your link. It’s poor blog etiquette not to use the permalink.

If you don’t use the permalink, you’ll just be linking to your main blog page. The problem with that is that, as you post new blog entries, the newest entry appears at the top of your main blog page and the other entries are pushed down on the page. The entry your readers are looking for may be down at the bottom of the page or already in the archives; your reader has no idea where to find the entry! If they click over to your site expecting to see a specific post related to a carnival and they see a different post, they may not take the time to find the “real” post they’re looking for.

2. Don’t hotlink images. Hotlinking is when you are directly linking to another site’s graphics, files, video, etc. instead of linking to those items from your own server. A better way to use graphics (once you’ve asked permission) is to right-click the image and save it to your computer and either insert it into your blog from your computer or upload it to your account at PhotoBucket (or a similar third party) and use that code.

This is important because every time an image is viewed on a page on the web, it’s pulling bandwidth from wherever it’s stored. If many people were using an image on their site and it was being viewed on many pages at one time, then the main site (who’s hosting the image) will experience excessive use of bandwidth and that gets expensive (yes, some hosts make you pay for bandwidth). Be considerate and a) ask permission and b) download the graphic to your own server.

3. Ask permission (for almost everything). Familiarize yourself with copyright and Creative Commons. While you don’t have to ask permission to link to someone, you do have to ask permission to use their photographs and their content (if it’s more than Fair Use would allow).

4. Don’t sell yourself in comments. Bloggers have differing opinions about whether it’s OK to link to your own blog in the comments at another blog. Some think it’s a bit like poaching traffic or promoting yourself in an inappropriate place (after all, this is someone’s personal blog space). Others think it’s OK to leave a permalink if you’ve written something extremely relevant. Just linking to yourself for the sake of having your link out there is a definite no-no.

Most platforms ask you to enter your name, e-mail, and URL before you leave a comment and then, when your comment is posted, readers can click on your name and be taken to your blog. Putting your URL in the comment itself is redundant.

If you’re reading a post and you’ve written something similar you can go two ways:

• Give an overview of your thoughts/post, then let readers know you’ve said much more on the subject and invite them to read your post by listing a permalink to that article.
• Give an overview of your thoughts and leave it at that.

5. Don’t be offended if someone doesn’t accept your tag in a meme. Memes are easy ways to fill your blog with content when you are first starting out. I think they’re popular to beginners because, at first, it’s really fun to share information about yourself and mems offer an easy format to follow. However, memes have been done to death on blogs and there a more than a few bloggers who don’t want to bother with them. If you tag someone and they decline or do not respond, let it go.

More advice on blog etiquette:

• Blog Etiquette or Blogtiquette via Tip Junkie
• Blog Etiquette and Eating in NYC via Bong Mom’s Cookbook
• Blog etiquette–5 good tips via Dipity Road

A version of this article was posted at BlogHer.

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An example of a blog’s main URL (which shows all the posts for a given period of time:
http://www.bloggingbasics101.com

An example of a permalink:
http://www.bloggingbasics101.com/101/2008/11/what-is-a-permalink/

A permalink is the link to an individual blog post. These are important because if you ever need to link to an exact blog entry (e.g., as part of a carnival), you use the permalink as your link. It’s poor blog etiquette not to use the permalink.

If you don’t use the permalink, you’ll just be linking to your main blog page. The problem with that is that, as you post new blog entries, the newest entry appears at the top of your main blog page and the other entries are pushed down on the page. The entry your readers are looking for may be down at the bottom of the page or already in the archives; your reader has no idea where to find the entry! If they click over to your site expecting to see a specific post related to a carnival and they see a different post, they may not take the time to find the “real” post they’re looking for.

You can find the permalink link under any blog entry. However, not all blog hosts/designs handle permalinks the same way.

• Typepad blogs: There’s a link that actually says Permalink under the entry.
• Blogger: The link varies. It’s usually the time stamp of the post or the actual post title.
• Other blogs have other links; many times the permalink is the title of a given post.

One way to figure out which link is the permalink of a post (if it’s not obvious) is to put your curser over each link under or above a post. As you hover over a link a little box should come up that says permalink. If it doesn’t, that link probably isn’t your permalink and you should move on to the next link.

Once you find the permalink, click on it and you’ll be taken to a page with just that blog entry on it. Snazzy, huh? Now, to link to that page you just need to copy the URL in the address bar and use it where ever you were inserting your link (e.g., a Mr. Linky or a blog contest).

This post has be updated. It was originally posted on June 20, 2007.

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There have been instances where one site links to another to flame or make fun of it. These are unfortunate, but there is no rule that says one site has to ask the other permission to link. Once you put something out on the internet, it’s going to be fair game as far as linking goes.

I do not usually ask for permission from any site I link to. I link to things because they are relevant (e.g., Helpful Blogging Links) and they will be useful to my readers. Sometimes I receive a thank you from the person I’m linking to, but it’s because they’ve figured out via their stat counter that I’m sending readers their way. It’s nice to hear from them, but I don’t expect anything in return. I’m sure that if they deem anything I write or offer as helpful, then they’ll link to me. If not, that’s OK too.

If you do decide to give the other blog/site owner a heads up about your link, you shouldn’t necessarily expect anything in return. They may or may not respond with a polite "Thank you"; certainly you cannot expect a reciprocal link just because you link to them.

The great thing about blogging and the communities it inspires is that everything is shareable.

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Reciprocal links are a gray area. I don’t care for
reciprocal links. I don’t like to be asked and I don’t like to do it. I
feel like anything I link to (that’s not a paid advertisement) should
be something I *want* to link to of my own volition.

However, there are
many people who don’t feel that way and are perfectly happy to do a
reciprocal link. It’s win-win for both of you.

If you’re not
comfortable doing it, then don’t. If you think it might be worth a shot
and don’t mind a few “no thank yous” then go for it. The most they can
do is say no, right?

I’d really love to hear your thoughts on this, readers.

• What do you think of reciprocal links?
• Have you ever asked for a reciprocal link?
• If so, have you had more positive or negative responses?
• What are the pros and cons, as you see them, of reciprocal links?

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Leaving comments on WFH blogs (or any blogs for that matter)
consistently will allow other readers to start to get to know you.
They’ll recognize you from the comments section on blogs you both
frequent. If your profile name (the name you leave in comments) links
to your site, then they’ll be able to link over and find out more info
if they are interested. Leaving thoughtful comments, not just Wow, that was a great post, will be more effective. Remember that blogging is a community of people with common interests. If you want to be part of that community, you need to contribute something useful.

My advice to you would be to concentrate on leaving comments at Work
from Home blogs. However, it’s considered bad form to comment, then
leave a link to your own site–especially if it’s just for linking
purposes and doesn’t have a direct link to what’s being posted on.
That’s essentially trying to poach traffic and many people find it distasteful and akin to spam.

I want to clarify that having your profile name (the name you leave when you post a comment on a blog) link to your site and actually typing a link into your comment are two separate things. The first (your profile name) is acceptable as a link; the latter (typing your URL into a comment, especially if it’s not relevant) is poor blogging etiquette. If, however, you have written a similar post or discussed a relevant topic recently, go ahead and leave the link. It’s adding to the conversation.

What do you think, readers? Do you have any experience with this type of thing? How do you feel about people leaving links to their blog in your comments?

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On the other hand, leaving your e-mail in a comment opens the door for spammers to collect your e-mail address. One way to deter spambots (the little code robots spammers send out to collect data, similar to how search engines look for key words) is to type your e-mail without using the @ or . in the address. For example: bloggingbasics101 AT gmail DOT com. Just about everyone knows to change the AT to @ and the DOT to the .

If you do choose to leave a link to your blog instead of leaving your e-mail address, make sure your e-mail or contact information is clearly marked on your blog. It won’t do any good if the host actually clicks to your blog and still can’t find and easy way of contacting you.

I use Typepad for my blogs. When I receive a comment, I can automatically respond to specific commentators because they have had to type in their e-mail addresses in order to leave a comment. They don’t have to re-type their address in the body of the message because my host already includes it in the message.

So what do you think? How do you handle this with your own online giveaways and such?

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For instance, when I share a graphic like this one

I encourage you to right-click it and save it to your computer and either insert it into your blog from your computer or upload it to your account at PhotoBucket and use that code.

This is important because every time an image is viewed on a page on the web, it’s pulling bandwidth from wherever it’s stored. If all the Blogging Basics 101 readers used that graphic (great!) and used my URL instead of downloading it to their own computer/server (not so great!) then I would have a bunch of bandwidth being used and things could get expensive for me (definitely not great!).

If you need to know how to put a button on your sidebar without hotlinking, I have those instructions for you already.

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