Company logo in your photo...

[allenspencer]

In the following situations, could your photo be going against some copyright

law?

 

The Wal-Mart/McDonald's/etc sign is visible in the background.

 

You take a picture within a store, and many food/product labels are visible,

though they are not the subject of the photo.

 

Your subject is wearing a Hollister/AE/etc shirt or other brand-name clothing.

 

You take a picture of cars on the street, and certain vehicle models are

visible.

 

Or similar situations, I'm sure you see what I'm getting at.

[orvillerobertson]

I believe the same rules apply as all other images. If you're out in public and not using it as

an ad, you're all right.

[bobatkins]

If it's an issue, it's a trademark issue, not a copyright issue.

[ellis_vener_photography]

You can take all of the photos of trade marked and copyrighted signs and objects you want to --there's no law against that.

 

Using those photographs in a commercial context without permission is a different matter. Potentially that opens up a can of worms -- it depends on how a trademark / copyright owner vigorously protects their property.

[allenspencer]

So what can and can't you do with the photograph? Is there a limit to where it can be published?

[craig_gillette]

You could start by going over the Library of Congress site on copyright and especially "fair use." Generally the inclusion of a copyrighted item in a news article or shot is not a problem. Trademarks have less protection but it's perhaps different in some ways. A legitimate news story illustration, not a problem. The issue with trademarks is less that it's copied but how the use impacts the users perception of the source of the product or the ability of the mark to represent a distinctive product or series of products. You'd want to look up trademark dilution, the Lanham Act, etc.

 

If you have an editorial application, sell it to a news agency, etc., not a problem.

 

The problems you would run into would be commercial uses, as Ellis points out. There it would be in impacting the commercial value of the copyrighted product or having created a derivative work, etc. With trade and service marks it's if the use implies that the owner of the mark is providing the product sold or it takes away from the ability of the consumer to identify a specific product/service and it's source. If on a calendar and there is a car, is the buyer confused - did the calendar seem to come from that car maker or seem to be an endorsed product from the maker, etc. It's not always easy to be sure and some mark owners are extremely aggressive in protecting their "marks."

 

The other thing to worry about in the usage is if there is a defamatory aspect to the use. If your coincidental capture of a well know fast food restaurant ends up in or around stories on the sale of tainted imported "not" beef, or a logo'd shirt is prominent and connected to a discussion of sweatshops or abusive child labor practices....

[allenspencer]

Alright, thanks for the responses.