Copyright laws on artistic photography of 'products'

<p>I have be contracted by a client to supply images to be printed and hung in a public space in a hotel. My idea is to photograph various wine bottles and use photoshop to create a visual effect on the final images. The labels and names of the wines will be visible in the final pieces. In the future I may exhibit and sell Limited Edition Photographic Prints of the images. My concern is that I may be breaking copyright laws photographing a product. Is it a question of how 'artistic' the image becomes? Is there a difference between a painting of a product and a photograph of one?<br>

The nearest similarity I can think of is the paintings of Warhol's Cambells Soup. <br>

In the world of greeting cards, products such as cars are used - is this different? <br>

Can anyone give me a concise answer to this?<br>

Thanks in advance of any response to these questions<br>

Gary Edwards</p>

<p>Gary,</p>

<p>Photographing "somethng" makes you the copyright owner as soon as you press the shutter release.</p>

<p>Your question is not so much one of a CR issue, but a possible trademark infringement depending on the bottle of wine.</p>

<p>The hotel are the ones taking the risk if they decide to exhibit your photos; not you.</p>

<p>Concerning selling prints. This is a tough one and (may) fall under distribution. I'm sure if you sell a few here and there, no one really cares.<br>

Now if you sell thousands, the wine company could bring suit claiming the sales were a result of how "Great" the aesthetics of the bottle and label design are...It would be a reach though.</p>

<p>When photographing "Things", not people, you need to look a question of "association".<br>

In other words, if you were to caption you wine bottle photo "XYZ wine makes you a a nut"..You would no doubt be sued since you are assigning (XYZ) some editorial comment.</p>

<p>For more on this, I highly reccomend you visit <a href="http://www.danheller.com">www.danheller.com</a></p>

 

<p>An artist friend of mine did a label for a limited reserve wine. He kept copyrights to the art and licensed it for the batch only. It was so popular that the winery bought additional rights for POS and poster release. <br>

My <em><strong>GUESS</strong></em> would be depends on the artwork of the label unless the bottle is a special design like super premium Cognacs.</p>

<p>"The hotel are the ones taking the risk if they decide to exhibit your photos; not you."<br /> Kevin, this is definitely not true. If the company that owns the trademark on the wine bottle gets really mad and decides to sue, what makes you think they are only going to go after the hotel. They will go after anyone they can find who was involved, that means the photographer as well. In fact, since the photographer owns the copyright on the photos and is the legal owner of the photos they will most likely go after the owner of the photos before anyone else.</p>

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<p>In fact, since the photographer owns the copyright on the photos and is the legal owner of the photos they will most likely go after the owner of the photos before anyone else.</p>

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<p>They can "go after" whomever they like, but photographing a copyright work is not a breach of copyright; nor is it a breach of trademark protection. so they don't have a cause of action against the photographer. Of course that doesn't stop rude letters from lawyers. <br /> I don't think Andy Warhol got into trouble with his pictures of Campbell's soup, now, did he?</p>

<p>If you look closer on greeting cards, most of the ones that I've seen have no visable trademark or auto manufacturer information on them.</p>

<p>Dave</p>

<p>Correct.<br>

As I said, there "may" be a case of trademark infringement.<br>

A (name) is not always trademarked.<br>

Now if the bottle has the trademark of the Gallo Bros, now that would constitute trademark infringement (if) (IF) the sale of the wine photo "associated" itself with the selling of wine (as one example) or "used" to make a statement that could easily be attributed to the Gallo Bros.</p>

<p>This is no different if I captured an image of a beautiful girl sitting beneath a Coca Cola sign...I would be selling the image of the girl which has no "association" to Coca Cola.</p>

<p>As art, and selling the photo as such to show creative artistry only, the wine company would have no case.</p>

<p>It is a case of (use)</p>

<p>The story of the Marlboro ads photographed and sold as art should give you the answer . . .</p>

<p> </p>

<h1>If the Copy Is an Artwork, Then What’s the Original?</h1>

<p><br /> http://www.nytimes.com/2007/12/06/arts/design/06prin.html?_r=1</p>

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<p>The story of the Marlboro ads photographed and sold as art</p>

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<p>Well, not really. Photographing a product and photographing another photograph are different.</p>

<p>Guys! Thank you all for your very kind responses to my questions<br>

Now, firstly I don't want anyone to be sued ! Neither me nor the hotel (they are my client and a I want to keep them!).<br>

Since writing initially I have we have moved on from wine to any bottles - whisky, vodka, martini etc. as well as wine. There may be a brief history of the brand under the framed print. This may of course increase the sales of the products at the hotel bar! <br>

I have done a test shot to give you an idea of the image. If I sell ART prints after the hotel is done, they will be Limited Edition runs of 10 only. (If that makes a difference).<br>

Have a look at the image and see if your view change... <br>

Thanks again<img src="http://www.facebook.com/profile.php?id=590803657&ref=profile#/photo.php?pid=2718730&id=590803657" alt="" /><br>

Gary<br>

photographer@garyedwards.es</p>

<p>http://www.facebook.com/profile.php?id=590803657&ref=profile#/photo.php?pid=2718730&id=590803657</p><div></div>

<p>Gary:<br /> <br /> Why not make it easy for everyone and have the hotel's attorneys simply write the businesses that owns the trademarks in question for permission? Detail the usage and I can't imagine anyone would have any problems with this. I do exactly this when I photograph equipment and I haven't had a problem yet.</p>

<p>As in many cases, it isn't the photograph itself that is the problem, it's the use of the photograph. No one has suggested that simply taking the pictures is necessarily a legal (civil) problem, although, the subject matter may very well be copyrighted or a trademark. Everyone recognizes the Coke bottle, Nike swoosh, etc., and it's also clear in many kinds of photographs, it's impossible to avoid including these kinds of items, logos, or even the objects.</p>

<p>One needs to look to the specifics of the items and the uses, not just anecdotal examples. Warhol may not have been sued over the soup cans (not clear because internet sources aren't consistent and aren't always accurate), however, he was involved in litigations over other works. His "16 Jackies" and work based on Patricia Caulfield's flowers were the subject of litigations. There isn't a clear line when it comes to use of some copyrighted or trademarked materials because the law, like copyright fair use, doesn't provide a clear line, just factors or considerations that are to be considered. Also, the owner's of the copyrights or trademarks may choose to allow the uses or may be unaware of the uses. Some owners are aggressive in pursuing the the posible infringements, others aren't.</p>

<p>There are any number of web sources that address copyright fair use, trademark and similar subjects. Some are good about going into detail over the issues and some aren't. There is a lot of "conflict" over the interplay of intellectual property rights versus expressive first amendment rights. So the OP and his customer do need to be aware of the potential problems in using the images but none of us, especially without seeing the images, the use of the images, or other factors could necessarily give any kind of assurance that the use is or isn't problematic.</p>

<p>Asking permission does carry the risk of getting denied but it also can support setting up and shooting subjects that won't be a problem down the road. Given the the attention paid to bottle and label design and "branding" when it comes to beverages and containers, it seems this an area that warrants some care.</p>

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