Can I use a Spotify logo in my yearbook to talk about student listening habits throughout the school year without violating copyright or trademark law?
Yes, most likely! You can probably use the Spotify logo because it would most likely be fair use under copyright and trademark law. Using the logo in your yearbook wouldn’t make people think that Spotify made the yearbook. You’re using it to tell the story of your school year, not for the same reason Spotify uses it.
Trademarks are used to show who made or sells a product. Since you’re using the logo to show what students listened to–not to make your yearbook look like it was made by Spotify or to sell music–it’s not the same use. Copyright protects creative works, but because you’re using the logo to talk about student listening habits and not as your own artwork, your use is different enough that it likely counts as fair use.
Trademarks are words, symbols, names, colors, or other designs that help people know who made or sells a product. For example, when you see a pair of shoes with the Nike swoosh, you know they’re made by Nike. You also know what quality to expect and whether you like that brand. Nike uses its swoosh so people can tell its shoes apart from other brands like Adidas. Because trademarks help consumers tell the difference between products, trademark law lets the owner (like Nike) stop others from using a mark that’s too similar and could make people think its product came from the original brand.
However, if you use a trademark just to describe a company or its product, that’s called trademark fair use. This rule lets you use a trademark as long as you’re only using it to describe or talk about the real company or product. That means it’s probably okay to use the Spotify logo in your yearbook to show what your classmates listened to during the year. You’re not using it to sell music or pretend the yearbook was made by Spotify–you’re just using it to describe a streaming service that students use.
Okay, so what is copyright law & fair use?
Copyright protects creative works, like songs, paintings, movies, TV shows, books, and even computer programs. If someone owns the copyright to something, they can take legal action if they think someone copied their work without permission.
However, since creativity often builds on other ideas, the law includes something called copyright fair use. This rule lets people use parts of a copyrighted material without permission in certain situations. To decide if something is fair use, courts look at four factors:
1. Did you change the purpose, character (message & meaning), and commerciality of the work?
2. How creative was the original work?
3. How much of the original work did you use, and how similar is it?
4. Does your work hurt the market for the original work?
Here, using the Spotify logo in your yearbook would likely count as fair use. First, you’re using it for a different reason: to show what music your classmates listened to, not to advertise for Spotify or replace its creative work. You’re also not using the logo to sell anything. Even though people buy yearbooks, they don’t see the Spotify logo before purchasing, and no one would buy a yearbook instead of subscribing to Spotify! Second, Spotify’s logo is creative, but that factor matters less than the others. Third, while you’re using the whole logo, that’s okay because it’s necessary to make your point. Finally, your use of the logo won’t hurt Spotify’s business. Your yearbook won’t take away customers from Spotify or affect how people use Spotify’s products.
What if Spotify contacts us and asks us to stop using the logo?
Even though your use of the Spotify logo probably counts as fair use, it’s ultimately up to your school and yearbook staff to decide whether using it is worth the risk. Legal disputes can take a long time and cost a lot of money for everyone involved.
A good alternative is to have students include their own comments or opinions about Spotify and the music they listened to on the app. Adding personal reflections and criticisms strengthens protection under the First Amendment, which protects free speech–especially when it comes to commentary or criticism of creative works. If you are criticizing or praising Spotify it’s reasonable to show the Spotify trademark to demonstrate what it is you are commenting on. That would be fair use!
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