# Customer wants an IPad with icon screen displayed with PRODUCT ... Legal implications



## janjun (Sep 19, 2013)

A customer wants product photos of their new iPad case / holder with the iPad on it.  The product is specifically made for the iPad so the tablet is an integral part of the product display.  My questions are:

(1) Can I even have the iPad in the product pictures (black screen, not on) showing the customers product and how it works with the iPad?  

(2) Can the above (1) be used in advertisements, print ads, product box?  or do people use "fake" iPads on their product pictures to circumvent this potential issue?

(3) Customer wants the iPad "ON" and showing home page with icons.  I imagine this is a bit more tricky ... Can photos like these be commercially used by customer?  

(4) Or, if they REALLY want this, do I have to create a custom "fake" home page with fake icons to overlay onto the iPad's screen?  if so, are there image companies that sell this fake home screen image?  may save me time

I told the customer I am no legal expert but that these questions did raise questions for me.  Because i am not a legal expert, even after researching it, how can I protect myself from any misuese of the images I take for the customer?  Or am I just providing a service that, they in turn, are completely responsible for if miss-used?

I am a portrait and landscape photographer that is very new to the commercial/product photography business.

Thank you for your help and answers.


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## tirediron (Sep 19, 2013)

These are very specific questions related to the use of trade-mark and/or protected items.  I would suggest consulting your lawyer to get an informed, accurate opinion relevant to your location.


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## manicmike (Sep 19, 2013)

I'd also contact a lawyer. But I'd imagine that it's the product seller that would be liable for anything like that, not the photographer. But like I said, I'd ask a lawyer.


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## photospherix (Sep 19, 2013)

I would start here

"*Depictions of Apple Products**1. Endorsement or Sponsorship:* Apple does not support the use of its logos, company names, product names, or images of Apple products by other parties in marketing, promotional or advertising materials as their use may create the perception that Apple endorses or sponsors the product, service or promotion.
*2. Compatibility:* If you are a developer, you may show an image of an Apple product in your promotional/advertising materials to depict that your product is compatible with, or otherwise works with, the Apple product or technology, provided you comply with the following requirements:
a. Your product is in fact compatible with, or otherwise works with, the referenced Apple product.
b. The image is an actual photograph of the genuine Apple product and not an artist&#8217;s rendering (Note: You must obtain express written permission from Apple before using any photograph owned or licensed by Apple).
c. The Apple product is shown only in the best light, in a manner or context that reflects favorably on the Apple products and on Apple Inc.
d. The reference to Apple does not create a sense of endorsement or sponsorship by, or other false association with, Apple or Apple products.
For further information with respect to Apple&#8217;s copyrights, please submit your request in writing to the Copyright Team."

and finish reading here.
Apple - Legal - Copyright and Trademark Guidelines


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## Steve5D (Sep 19, 2013)

That certainly makes it sound as though Apple really doesn't have a problem with it...


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## weepete (Sep 19, 2013)

1) yes
2)yes, no
3)yes
4)no, probably.

If in doubt e-mail apple and ask.


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