Are color combinations protected by copyright or trademark?

Jeffs46

New Member
Jurisdiction
California
Hi,

Wondering if color combinations, for example the colors that Instagram uses, can they be used on a movie poster without being considered infringement? The logo would not be used. There would be no logo of any kind in and around the use of the colors. The use of the colors would make up a small percentage of the overall poster design. Thank you for any info you may provide.
 
Hi,

Wondering if color combinations, for example the colors that Instagram uses, can they be used on a movie poster without being considered infringement? The logo would not be used. There would be no logo of any kind in and around the use of the colors. The use of the colors would make up a small percentage of the overall poster design. Thank you for any info you may provide.

Instagram brand assets and guidelines

Welcome to Instagram's brand resources site. Here you'll find brand guidelines and downloadable assets as well as information on obtaining permission to use Instagram assets in your own work.

Brand guidelines and assets

Anyone using Instagram's assets should only use the logos and screenshots found on our Brand Resource Center site and follow these guidelines.
Only those planning to use Instagram's assets in any broadcast, radio, out-of-home advertising or print larger than 8.5 x 11 inches (A4 size) need to request permission. Requests must be in English and include a mock of how you're planning to use the Instagram logo.
Be sure to visit the Brand Elements section for detailed guidelines and to download approved assets.

Using the Instagram brand

Balance the Instagram brand with your brand
Avoid representing the Instagram brand in a way that:
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Using the Instagram brand in TV & film

The most important thing when using Instagram in broadcast media is to give the members of our community proper attribution for their content.

Movies, commercials & shows

Please follow our approval process if you're planning to show off your presence on Instagram in a social media array or use screenshots of Instagram's user interface (like the feed, a profile or our filters) in a:
  1. Commercial
  2. TV or web series
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  4. Any video not part of a series
  5. Movie or Film
All requests should be made in English, with an English translation of your script and/or text. Broadcast approval is a two-step process.
Step one
  • If you're planning to use Instagram in a commercial, show or film, submit the pertinent part of the script along with the Instagram asset mocked up as you'd like to use it.
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  • Please only use the approved assets. When you first submit your request, we should get back to you within two to three weeks.
Step two
  • Once your script and mock are approved and you've finalized your creative, submit the near-final version of our asset in your film.
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  • Remember that it may take longer than two to three weeks to get approval. You may need to revise your creative and resubmit your request if it doesn't follow our guidelines. Approvals are not final until you have it in writing.

Legal

Meta dedicates substantial resources to the development and protection of its intellectual property. In addition to seeking registration of its trademarks and logos around the world, Meta enforces its rights against people who misuse its trademarks.
Meta's trademarks are owned by Meta and may only be used as provided in these guidelines or with Meta's permission. A list of some of Meta's trademarks can be found here. You may not use or register, or otherwise claim rights in any Meta trademark, including as or as part of any trademark, service mark, company name, trade name, username or domain registration. You should not use or claim rights in any trademark in a way that is confusingly similar to or dilutive of Meta's trademarks, including as, or as any part of, a trademark. Do not use Meta's trademarks for anything that would be inconsistent with Meta's Terms of Service or Community Standards.
We may revoke permission to use Meta's trademarks at any time. Meta reserves the right to withhold approval of content that it considers inconsistent with the Meta brand.

 
Wondering if color combinations, for example the colors that Instagram uses, can they be used on a movie poster without being considered infringement?

Depends on how you plan to use and arrange the colors.

Colors can, and do, have trademark protection.

See:


And here's an explanation of Instagram's colors.


Note that each color has what appears to be a standardized code so it can be identified by some sort of optical sensor.

This article explains how the human eye perceives colors.


I show you all of the above because our modern times have produced technology that can perceive and identify colors as well as, or better than, the human eye.


Before you steal the work of others think about what you are doing, why you are doing it, and what the potential financial consequences are likely to be. Not the least of which is spending tens of thousands of dollars on a lawyer to defend you in a lawsuit. Even if you win, you don't get that money back.
 
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