I think they are in the US (I remember reading about a court case where someone was selling remixed photos), but I don't know about Canada.
I also don't know if there's a difference in just using some art to create new art and using art to create a logo.. a logo is different than art in that it's intended as an identifying image. So maybe copyright isn't the concern but trademark is?
Right but reporting is definitely fair use; they're using images of players while reporting about the game, not incorporating the player's images into their logo or otherwise using the player's images to promote themselves. Just like we're Calgarypuck, but not CalgaryFlamesForum. It's editorial use vs. commercial use.
Plus any photos that the Herald or CBC uses are either taken by their own photographers or purchased from the photographers so own or license the copyright from whoever took the photo.
That's actually the exact nature of a past lawsuit against CP was; use of images without permission.
It should be easy to find out, just look at the source image and where it came from. It's taken by Derek Leung and is from Getty Images.
http://www.gettyimages.ca/detail/new...hoto/184447339
Definitely not creative commons, and when I tried to get a price it told me that the image was intended for editorial use and commercial use (use in web advertising was the nearest fit I could see) said I had to contact them.
I don't know the laws for sure so I'm not saying we can or can't use something for sure, just saying that it's a consideration and that to use something questionable we'd need pretty solid support that it's fine before using it (i.e. getting permission, or direction from a lawyer).