photo - legal question

[luis_luna3]

<p>I had a photo shoot in a bar...but I didn't realize there was a photo of the rolling stone in the background because it was pitch dark ..so just popped the flash and took some shots. later i saw the photos and i was like oh no...<br>

Question is since I have a photo of the rolling stone in my photo ...I cant use it...right??? unless I take it out of the photo.<br>

Any comments would be greatly appreciated.</p>

 

[newmanuk]

In a bar having a family meal. i took a shot of the company...then I saw that a picture of a baseball guy was in the background.. Delete or not delete that is the question ..miken

[newmanuk]

Luis . Welcome to photo net Ooops my mannners slipped! Enjoy your photography and I hope you post some work .. Hey we all include some stuff.. are we deliberately misusing someones work? I take a shot of my baby boy .. and ..wow it has a golden arch of a fast food place in the background ... will they come after me? . Hope others will help you too. Regards miken

[eric_arnold]

<p>interesting question. i think it depends on the use. probably not for a commercial ad, but for almost anything else, i would think it would be okay. no one's going to sue you for posting to flickr, certainly. i'm assuming you mean the group the rolling stones and not the magazine.</p>

[Charles_Webster]

<p>What was your photo shoot for? Was if for commercial usage, i.e., an ad for a product or service? If so you'd be safer reshooting. If for your or a model's portfolio or for the bar's promotion, I wouldn't worry about it.</p>

<p><Chas></p>

[kevin_delson]

<p>It's a question of association and use.</p>

<p>I doubt PJ's or even AP/ newspaper shooters find trouble because "something" in the background is in itself commercial.</p>

<p>EX 1: Let's pretend you are in the business of starting a new soda company.<br>

You take a shot of your model holding (YOUR) new product with a "Coca Cola" billboard in the background.<br>

Your new slogan reads "Better than all the rest"</p>

<p>Ya, you will no doubt be in deep water.</p>

<p>Ex 2) Same as above but no mention of soda, no slogan. (i.e) You are not selling, promoting or endorsing soda. The photo is for your model portfolio to show your most excellent work.</p>

<p>2-A) If the photo shows your model with a can of Coke in their hand and you say something like<br>

"I like to teach the world to model, in perfect harmony" (sung to the tune of Coke's theme song; again, you are in hot water.</p>

<p>So, as others have said, it all comes down to "use".</p>

<p>Funny thing about these cases if they ever make it to a court setting; it's not a strike or a ball until the umpire calls it, regardless of what the fans might think.</p>

[andy_wager1]

<p>Yes you can use the shots.<br>

If the photo was just in the background then there is no issue whatsoever.</p>

 

[steve m smith]

<p>Also, think about why companies put their logos and signs out in public. It isn't to make sure no one sees them!</p>

[ellis_vener_photography]

<p>How are you photos going to be used?</p>

[tore_andersen]

<p>You can use the photo's exactly as you like, and it's perfectly legal. If a place has material that is not allowed to be photographed, they have to sign with "NO Photos", otherwise you are allowed to photograph anything and use it as you want.</p>

[kevin_delson]

<blockquote>

<p>otherwise you are allowed to photograph anything and use it as you want.</p>

 

</blockquote>

<p>Really?</p>

<p>So I can go out, photograph a coca cola billboard and use it in MY advertisement for MY new soda line?</p>

<p>I think not.</p>

<p>2) So I can photograph a well known celebrity and place their photo on the same page as whatever I am selling?</p>

<p>I think not. Not unless I have permission via several avenues including licensing.</p>

<p>Don't mis-lead the OP.</p>

<p>Even the lines of "editorial" use these days is blurring and being tested constantly.</p>

<p> </p>