Legal Question in Intellectual Property in Maryland

Photographing Images

If I photograph a image of a product for example:

a Telephone.

If the telephone image is contained in artwork

used for re-sale. Will I need permission to use the

telephone image?


Asked on 1/12/02, 4:34 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Re: Photographing Images

Probably not. Andy Warhol is famous for his paintings of commercial products, but your photographs will not likely be objectionable to the manufacturers unless you depict them in a derogatory manner.

The fact that you propose to sell the photographs is relevant, as commercial uses do not have the same freedoms as non-commercial uses.

An additional issue you face is trademark usage. Your photographs will likely show a brand name, and you will need to be clear that owner of that trademark does not sponsor your photographs and is not associated with them.

Another factor is whether the product is merely a prop, or is the central focus of the photograph. The more central the object, the more likely is a purchaser to think the trademark owner is associated with the product and thus the more likely you are to be found to infringe the trademark.

My suggestion is that you take your photographs to a trademark/copyright attorney and ask for a quick opinion whether you have done enough to avoid infringement.

If your photographs are not derogatory and are not depriving the trademark owner of any profits it might otherwise make, you should consider simply asking permission from the manufacture, which would normally be given in such case. You might even gain a customer in the trademark owner if your photographs are good enough.

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Answered on 1/20/02, 2:45 am


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