Potential intellectual property issue?

I noticed that the new version of Windows Scrivener start-up screen has an orange Penguin cover as the ‘fiction’ icon.

Just thought I’d flag for you that there could be a potential copyright issue with this, as I suspect rights to the cover design are owned by Penguin. I’m no expert on US law so can’t advise in detail, but if it was me, I’d consider finding an alternative image just to avoid any potential issues OR run it past a US intellectual property attorney.


I don’t think you can copyright a penguin as such it is common property, I would imagine the issue is only if it looks like it is trying to pretend to be penguin books which it is not that there would be an issue?

There’s no penguin anywhere - that would be a copyright issue. There is just a parody of (or, rather, homage to) the classic orange Penguin cover to represent “Fiction” (there is a white oval where the Penguin logo would have been). This should be fair use (parody) - you will find many commercial takes on the classic orange Penguin cover if you search the web - and I did run it past a (UK) lawyer before we added this. It’s not detracting from Penguin, nor could it be confused with a product of theirs and it’s not “passing off”; as it’s just an homage, all should be good (a bit like using an icon of the Mona Lisa to represent a portrait). Of course, if Penguin should object, we would (with sadness) change it.

All the best,

Your eyes are better than mine, I’m guessing. It didn’t strike me as a Penguin cover until it was mentioned.

You know you’ve used linux for too long, when you see “penguin” and think “tux.”

I have to agree. Tux was the first thing that crossed my mind as well. :blush:

Sadly, I had to look “Tux, penguin” up. I have been using a Mac too long, clearly. :slight_smile:

That mac logo is creepy like clowns are creepy. I never trust computers that smile all the time. :wink:

Careful - certain Mac users can get very angry if you suggest the old OS 9 logo is still the official Mac logo, even though it is still used as the Finder icon. I know this, because several years ago, my wife, a technology journalist, wrote an article for The Independent that questioned some of Apple’s practises at the time. It opened mentioning the smiley face of the Finder that used to be the boot-up image on earlier systems, but was subbed so that the part about the Finder was deleted and it read as though it was still the Mac start-up logo. You should have seen the comments on MacRumors. :open_mouth:

True. The gray apple is much less creepy.

Thought the smiling computer was still on one of the startup screens? Can’t currently reboot one of the macs around our place without causing trouble for someone, at the moment.

Wait --can you copyright a penguin? Would that mean zoos all over the world are violating copyright? :laughing: