Legal Question in Intellectual Property in Texas

image use

I am starting a new magazine. Do I need to contact each and every company whose product image I include in a spread or layout (i.e Estee Lauder blush, Aldo shoes, Target wastebaskets, etc)? If I purchase the product, can I photograph it for the magazine, or do I still need permission for use?


Asked on 8/28/03, 5:58 pm

2 Answers from Attorneys
Roger Evans Mathis & Donheiser

Re: image use

Not surprisingly, that question is not as simple as it seems. It depends on a number of factors, how it's used, how identifiable the image is, even the apparent motivation for use of the product image, etc. I strongly urge you to get with competent trademark counsel on this issue.

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Answered on 8/28/03, 6:10 pm
D. Alexander Floum, Esq.

Re: image use

You would need a copyright (and maybe also trademark) license for each product. You should contact a competent intellectual property attorney to help you negotiate the license.

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Answered on 8/28/03, 6:45 pm


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