Using model test shoot images that show visible product brand names

[evangelos_koutsavdis]

Hi:

 

I have done a test shoot with the model and she wanted to pose with a very

expensive purse that she had. The brand of the purse was very visible through

the shoot. The image does look as if it were pulled out of a magazine ad and

the model is fully clothed etc...

 

My question is, will I be getting into any type of trouble with the specific

brand if I were to post the image online and use it for non-commercial reasons?

 

Please let me know and thanks in advance.

 

Regards,

Evangelos

[steve m smith]

Once you (or your model) owns something you can do what you like with it.

 

If you want to post a picture of it, go ahead.

 

Think about how many pictures of cars are posted with the makers badge showing.

[Matt Laur]

Here's the thing. Most logos and whatnot are registered trademarks. The holders of those trademarks have to defend against their inappropriate use, and can go to some legal trouble to block the reproduction of those trademarks outside of their control when they think it might put their name in a bad light, etc. Commercial use (as in, the promotion of another person's business) could ruffle their feathers, but in most cases, why would they fuss? They LIKE having their products shown off. A commercial use that shows their products in a bad light could invite some cease-and-desist type communication, but in practical terms, it's not much of an issue. Me not lawyer, me caveman, etc. This is probably a good time to put in the usual plug for Duboff's <a href="http://www.amazon.com/gp/redirect.html?ie=UTF8&location=http%3A%2F%2Fwww.amazon.com%2FLaw-Plain-English-Photographers%2Fdp%2F1581152256%3Fie%3DUTF8%26s%3Dbooks%26qid%3D1211980435%26sr%3D8-1&tag=uplandlife-20&linkCode=ur2&camp=1789&creative=9325" target="_blank"><i><b>The Law, In Plain English, For Photographers</b></i></a>. A great resource that costs less than a pizza.

[alan_myers]

With all due respect, Steve is incorrect.

 

Matt's response is correct.

 

In reality, about the worst that could happen would be you'd receive a "cease and desist" letter from the manufacturer, if for some reason they don't like the way you show their product.

 

What you do after receiving a letter like that is actually more critical.

 

If you were to insist on continuing to display the image in a way that they object to, they may have grounds to come after you legally. And that could cost you plenty of money, time and hassle in the course of defending yourself, even if you managed to win your case in the end.

 

If, on the other hand, you comply with the letter and promptly remove the offending image from view, or modify the image in Photoshop so that the logo is no longer visible or recognizable, the issue is then closed and no one is out much of anything.

 

But, in most cases manufacturers and retailers do like having their products, logos and company name publicized, as Matt wrote. In fact, they pay athletes and others big sums of money to publicly wear their logo on uniforms and hats, especially when in front of the camera, for exactly that reason.

[john_h.1]

"me caveman"

 

Funny!