Photography and the Law

[tektonnic]

A quick one here, If I take a photo of a product or anything with a logo on it, for example a Virgin train, can you use that photo in an advert without the companies permission - because obviously you need model release for people, what about products?

..and I'm in the UK, which might make a difference..

 

[cookie1105]

Aren't brands blurred out on telly in the states but not in the UK? Shouldn't it be the same for a photograph?

I don't really understand why you would want someone elses brand in your advert. Isn't that rather self-defeating?

 

[tektonnic]

Well really thats a bit obvious isn't it, it depends on what you advertising, sure, if I was doing a brochure for South-West Trains and used an image of a virgin train with full logo I'd be a dumb ass, but let say I am doing an advert for a Railway Construction company or consultancy, 'legally' is there an issue with other peoples brands?

Because surely, hyperthetically, if the brochure because a matter of controversy, Virgin would get thier brand affected as well as the company advertising.

 

[Counterfit]

I don't know about the UK, but in the US, most ads for something (motor oil does this a lot) remove any trademarked badges/logos from products in the ad that don't belong to the advertising company. Of course, when it serves their purpose to use a trademark (Coke vs. Pepsi, Mobil 1 mentioning Mercedes-Benz as recommending their oil, etc.), they can use it as long as they make a note of ownership of the trademark (I'm not sure about any licensing fees though.)

 

[bartelby]

I'd say yes, you'd need their permission to us their trade marked name/logo.

 

[Chip NoVaMac]

At least from a US perspective, I think it depends on how it is to be used.

Generally in the US we chose to have images that are neutral. We will use images from Boeing or Airbus with their actual logos removed. Their colors are accepted by both companies and courts as being "neutral", at least in the past. That was till Boeing moved towards the color of the 787; which they started to use as their "corporate" colors.

In this case, you really need to consult a paid attorney IMO.

 

[Abstract]

If I had to make a guess, I'd say it's illegal in the UK as well. In the US I think they just cut/Photoshop any other logos out from the photo, but I've never lived in the US.

I think in the UK, if someone wants to include a "Coca Cola" can in their advert, they wouldn't actually include a can of Coke, but would have a red can with similar stripes on the can (but oriented in a slightly different way to make sure the lines aren't identical) without the logo. People associate the red can with white/silver curvy lines with Coke, but they don't actually use a Coke logo or the actual lines of a Coke can. Everything is just slightly altered, but people do make the association. Make sense?

 

[SpookTheHamster]

IANAL, but if they can argue that you're making money from their trademark, then it is against the law. If you've just got a red/yellow train but there is no visible Virgin logo then you've got no problem, AFAIK. It would be easier for us if you showed us the picture in question.

 

[tektonnic]

Yeh Abstract that does make sense, however thats about association with a brand, which may be the reason its illegal but the reason they might used the 'mockup' of a coke can is because they dont wish for whatever image they aare projecting to effect coke's sales to the point of them turning it on that company.

I think back to TV, not BBC stuff though obviously, they have products on live tv sometimes which is not placed as means of advertising, that would fall into the same bracket as my question wouldn't it?

 

[mrichmon]

A quick one here, If I take a photo of a product or anything with a logo on it, for example a Virgin train, can you use that photo in an advert without the companies permission - because obviously you need model release for people, what about products?

The easy answer is to contact the PR department of the company in question. Since you clearly want to do this above board you will either get an "OK" from the company who owns the logo, or you will get a "NO". If you get a "NO" then there are options such as photoshopping out the offending logo.

 

[Chip NoVaMac]

Yeh Abstract that does make sense, however thats about association with a brand, which may be the reason its illegal but the reason they might used the 'mockup' of a coke can is because they dont wish for whatever image they aare projecting to effect coke's sales to the point of them turning it on that company.

I think back to TV, not BBC stuff though obviously, they have products on live tv sometimes which is not placed as means of advertising, that would fall into the same bracket as my question wouldn't it?

I will have to look more closely at the Pepsi "Jackie Chan" commercials running here in the US. A Coke can plays a stunt double for the Pepsi can.

 

[PBGPowerbook]

happens all the time in situation comedies on television, i remember one particularly where a "SPALDING" branded basketball was painted over so it read "PALDIN". No advertising there!

 

[jak119]

I will have to look more closely at the Pepsi "Jackie Chan" commercials running here in the US. A Coke can plays a stunt double for the Pepsi can.

They do indeed use the actuall Coke can