# Legality of selling images with advertisement or brands.



## W.Y.Photo (Aug 26, 2014)

I'm starting a business and I need to know the legality of selling an image of someone in a place with a lot of advertisements and/or brand names included in the image.

For example, can I legally sell an image of a person in front of a coca-cola billboard to the person photographed without paying coca-cola?

Also, can I legally include that image on a Facebook page for my business?

Thanks in advance.


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## tirediron (Aug 26, 2014)

There are a lot of variables here since the type of use (editorial/commercial) would likely be critical.  My knowledge of US law isn't certain enough to give a definite answer, but even if it were, I would say, "Consult a lawyer".


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## Overread (Aug 26, 2014)

Whilst its good to scope out answers with your own research including asking around online the best advice for this is to consult a lawyer. Professional proper legal advice is something business need to have behind them; rather than "Well that guy online said it was ok". 

That will not only give you a more firm assurance, but it might also reveal some fine-print elements; ergo things that don't often make it into common understanding, but which can prove to be very important to be aware of least you get caught out.


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## ronlane (Aug 26, 2014)

tirediron said:


> There are a lot of variables here since the type of use (editorial/commercial) would likely be critical.  My knowledge of US law isn't certain enough to give a definite answer, but even if it were, I would say, "Consult a lawyer".



John, you haven't received your TPF Legal council degree yet? I thought I saw you were awarded that last month. :mrgreen:


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## KmH (Aug 26, 2014)

Photos of Trademarked and Copyrighted Works


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## lambertpix (Aug 26, 2014)

KmH said:


> Photos of Trademarked and Copyrighted Works



Fantastic link!  Thanks.


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## tirediron (Aug 26, 2014)

ronlane said:


> tirediron said:
> 
> 
> > There are a lot of variables here since the type of use (editorial/commercial) would likely be critical. My knowledge of US law isn't certain enough to give a definite answer, but even if it were, I would say, "Consult a lawyer".
> ...



I did, but with the codicil "Not valid south of the 49th parallel!


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## W.Y.Photo (Aug 26, 2014)

KmH said:


> Photos of Trademarked and Copyrighted Works




I love you.


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## bratkinson (Aug 27, 2014)

Corporate logos, or anything containing a corporate logo are often copyrighted and very strongly protected by their rightful owners. 

25 years ago, one larger regional bank I was working at on a contract circulated a memo indicating that their corporate logo is not to be reproduced in any form without consultation and permission by their legal people. This was an internal memo directed at employees who were printing the corporate logo on some of the computer reports. Note that this was in early laser printing days, and it was completely impossible to exactly replicate their logo using an impact printer. Even with their mainframe laser printers, the logo was not to be printed.

About the same time, various railroads contacted model railroad equipment manufacturers and demanded an agreement and payment (of course) for the rights to reproduce their logos on model railroad equipment. The right to a 'gain' (profit) from using their logos was aggressively being protected.

Spin forward to last September. I took some photographs using my camera at my place of employment while technically on my break. However, as I was on company property and in the company vehicle, I contacted management and which led me to their legal department regarding ownership rights. Big corporations move slowly, but after about 2 weeks, they came back and said they loved the photos, but could not permit some of the pictures to be distributed due to the corporate logo of some of our customers prominently displayed on their equipment. They went on to explain that some companies are 'very touchy' about their logo being used without their permission, and, of course, that was what was in several of my shots.

While some may consider 'ignorance is bliss' or it's easier to get forgiveness than permission, selling your photos that contain trademarked logos and perhaps other trademarked images (the Santa Claus drinking a Coca-Cola comes to mind) -may- result in a knock at your door, or, more likely, a cease-and-desist court order, in my estimation.

HOWEVER... I also consider the countless 1000s of pictures taken in downtown New York City, especially at Times Square. Numerous company advertisements are visible in nearly every photo taken there in the past 100+ years. I am unaware of any legal hassles those photographers may have had...probably none. But if, perchance, one were to photograph the giant Coca-Cola sign cropped fairly tightly and start selling prints of that photograph, I'd expect a certified letter and/or cease-and-desist letter sometime soon.


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## KmH (Aug 27, 2014)

What Does Copyright Protect? (FAQ) | U.S. Copyright Office


> *How do I copyright a name, title, slogan, or logo?*
> Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, *copyright protection may be available for logo artwork *that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark


.


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## ronlane (Aug 27, 2014)

KmH said:


> What Does Copyright Protect? (FAQ) | U.S. Copyright Office
> 
> 
> > *How do I copyright a name, title, slogan, or logo?*
> ...




*



			How do I protect my sighting of Elvis?
		
Click to expand...

*


> Copyright law does not protect sightings. However, copyright law will protect your photo (or other depiction) of your sighting of Elvis. File your claim to copyright online by means of theelectronic Copyright Office (eCO). Pay the fee online and attach a copy of your photo. For more information on registering a copyright, see SL-35. No one can lawfully use your photo of your sighting, although someone else may file his own photo of his sighting. Copyright law protects the original photograph, not the subject of the photograph.




Really? Wow, I was just thinking yesterday that I needed to protect my sighting of Elvis. Of course you wouldn't recognize him now. He runs in the woods and has Long hair covering his entire body, so he no longer needs his leisure suits. He's grown about a foot or more in height and put on some weight, but I understand he can still belt out a tune that will make peoples toes curl and hair stand on end. lol


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## snowbear (Aug 27, 2014)

ronlane said:


> Wow, I was just thinking yesterday that I needed to protect my sighting of Elvis. Of course you wouldn't recognize him now. He runs in the woods and has Long hair covering his entire body, so he no longer needs his leisure suits. He's grown about a foot or more in height and put on some weight, but I understand he can still belt out a tune that will make peoples toes curl and hair stand on end. lol



So THAT explains the blobsquatch sightings over the past 35 or so years!


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## ronlane (Aug 27, 2014)

snowbear said:


> ronlane said:
> 
> 
> > Wow, I was just thinking yesterday that I needed to protect my sighting of Elvis. Of course you wouldn't recognize him now. He runs in the woods and has Long hair covering his entire body, so he no longer needs his leisure suits. He's grown about a foot or more in height and put on some weight, but I understand he can still belt out a tune that will make peoples toes curl and hair stand on end. lol
> ...



That's what it HAS to be.


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## W.Y.Photo (Aug 27, 2014)

Guys, come on, this is common knowledge. Blobsquach is a confirmed fact. Just like the Mario aliens from Mushroom Nibiru. Just ask the Distory channel. They've got it all figured out!

Is my teleyscopic foto of the Mushroom Nibiru copyrighted? I herd that the telescope was galileos copyrite?


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## ronlane (Aug 27, 2014)

W.Y.Photo said:


> Guys, come on, this is common knowledge. Blobsquach is a confirmed fact. Just like the Mario aliens from Mushroom Nibiru. Just ask the Distory channel. They've got it all figured out!
> 
> Is my teleyscopic foto of the Mushroom Nibiru copyrighted? I herd that the telescope was galileos copyrite?



Was that Galileos 12 or 24???


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## W.Y.Photo (Aug 27, 2014)

Was the 24mm water droplet held by a leaf. Later he invented time travel and stole our teliscopy tech. Probobly through some Hairy Pothead witchcraft and wizardry. (Definitely copyrighted)



But in all seriousness, from what I gather I can take a photo of someone with a trademarked logo in the background and then sell it to that individual under fair use? This is as long as I don't sell it to a magazine or use it commercially. (like to advertise that I am doing this.)

Am I correct in this assumption?


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