Copyrights and trademarks

hi guys , i designed a face like this for those who love “BMW-M” cars - is this can be is issue or problem with copyrights?

That looks pretty good, you did a great job, well done :+1: As for Copyrights, we’ll have to see if any Facer Officials can comment on that sorry.

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Even though I’m not an official facer representative, I can say something about it through my professional experience.

Strictly speaking, it’s copyright infringement.
Logos and trademark graphics should be avoided if possible.
The recognition value is often enough.
But here too, where there is no plaintiff, there is no judge.
The line between tolerated fan art and copyright infringement is very narrow.


Search Facer watchfaces for “BMW”, if you find more then it will be OK.

Make a copy before publishing, if it gets deleted you’ll have a copy for yourself.


Yes, make a copy before you publish!
I had a watch face with the Porsche logo on it. No problem, but I used the word Carrera, that was not cool. The watch face got deleted. So now its called FP = Ferdinand Porsche :slight_smile:

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Distributing any content which is not yours might be a matter of copyright infringement, and there is also a dependency, whether the “BMW M” trademark graphic you intend use is created by you or it’s simply grabbed from someone else. Further on, there’s a difference between trademark and registered trademark, basically (R) as a registered trademark is protected, whereas TM is not and COULD be used under certain circumstances. In order to follow Facer guidelines, if I’d be you, I’d do my best to avoid using any third-party components which you did not create or try to mimick somebody else’s property.

For this specific case, to be exact, rollin on some search on the internet would pretty easily answer your exact question - serious company, which BMW definitely is, have all (most) of their trademarks registered - which also accounts for your case, so if you are using the dial mimicking BMW logo, that’s the first infringement and putting an “M” logo is the second. If the grahics you use are created by you however, we’re probably not talking about copyright infringement, since you created the content yourself, but there’s another problem, which is an unauthorized brand use, also covered by law.

For the register of pending, inactive and active BMW trademarks, see this: BMW Trademarks - Gerben Intellectual Property

PS: applying approach in terms - “try to publish it and you’ll see” is IMO not fair and it also destroys your account credibility.


i see. thank you
do you sugest to delete this one?

thank you so much, you help me alot
if the watch deleted by facer it mean i cant became premium designer who sales watches on facer in the future?

You’re welcome. And for your question - Exactly! That’s what Facer guidelines say. If you aim for sales, be strict on the graphics you use :slight_smile: Having just single infringement is probably going to block your way to become a partner.

See here:

now you make me sad, there is nothing i can do about it ?

This is my personal opinion …

As a graphic artist with a certain pride in my profession, I only use my own stuff.
I am often inspired, but my drawings are basically my own.
I only use trademarked things or information with a high recognition value of certain brands, if at all, very heavily falsified.
See my last post.
The background design is derived from martini, but neither the colors nor the shape are right.


Sorry to read that, but that’s how it is.

That is interesting. I had understood that a Common Law Trademark was protected ( in the US ) in the market in which it is well established and has significant market penetration. Is that not the case?

Mmm, I would be surprised if one mistake is the end of your chances. However, I imagine repeat infringements, after having faces removed, would be a problem.

in EU, we use TM just to indicate, that this is the trademark I use to distinguish my company, however it’s not registered. For example, Coca-Cola uses (R), which indicates a registered trademark, protected by law. In europe, TM is just an indicator of a trademark, not as its protective sign.

" You must have zero copyright/trademark infringement strikes. See"

thats what i found in the Creator Partner guide :anguished:
i wish to have another chance

But I guess you haven’t been reported so far, so putting that away should do the job, huh?

Ok, I am not at all familiar with European laws. In Common Law countries though, I think rights to a tradmark are established by use and are protected. Historically this was limited to the geographic location where the business operated. With the internet that has changed and I believe that now the protection extends to the locations where the goods are purchased/advertised/offered for sale, with a further test around volumes/market share.

In the US, TM can be used to identify a Common Law trademark and R is for registered trademarks.

The owner of a either a registered or Common Law trademark can require a face that uses them without permission be taken down from a site in the US and any other country that recognises Common Law / un-registered trademark rights.

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Generally it takes a while for a person to receive an offer to become a Creative Partner. By that time you will have a large collection of high quality, unique faces that comply with the rules. You will have demonstrated that you have learnt from your mistake - I would not worry, just try to follow the rules in the future.

i wish!