Use of logos or 'marks' by TOLLROADSnews is 'fair use' constitutional right

We must have reproduced logos or 'marks' of companies and tollers ten thousand or more times in the past 13 years - first in black and white in the print Toll Roads Newsletter, then in color in this web-based news service. They enliven and illustrate the articles and are an inherent part of our style. They are a shorthand way of signaling instantly to the reader the identity of the main actors in the story in which they are placed.

Most organizations have no problem with this. Some no doubt think the reproduction of their 'mark' helps them by making them better known and recognized. On occasions we've inadvertently used old 'marks' or logos, and been asked to substitute the new ones, and we've have done so.

But on about three occasions in 13 years - once again this week - we've been told we need permission to use the logo or mark of an organization.

Wrong.

Under well established "fair use" doctrines surrounding the First Amendment of the US Constitution and many other countries' laws we have a right to reproduce logos and other trademarked and copyrighted material for fair use purposes of news and comment. We don't need, and will not seek, any permission from anyone to exercise our constitutional rights - Editor.

NOTE: We didn't seek or get permission to use the TOLLROADSnews 'mark'.

TOLLROADSnews 2008-07-22