Copyright (photograph of a recognizable product).

[Benjo255]

I don't know if this is the correct section, but anyway...here's the question.

I shooted a photograph of an action figure and in the photograph (main subject together with the action figure) there a box of Xanax© and a box of Valium© (two benzodiazepine drugs).
The packaging as well as the products' names and labels are CLEARLY recognizable.
Can I publish the photo or do I violate copyright law?
Thank you for answers.

 

[Benjo255]

I partially solved the problem cloning out the logo of the products. The image is less strong, but this way I'm sure about law.

 

[KmH]

Copyright law varies by country.
Check the laws in Italy.
An online photography forum is not a good place to be seeking legal advice. Consult with a qualified attrorney.

What you are actually concerned about is Trademark law, not Copyright law.

 

[Benjo255]

Thank you. Just checking if someone eles had the same issue.
Anyway...solved but cloning out the logo and leaving the name of the active principle of the drug. It's not strong as reading the name of the drug, but...it works anyway. You can find it in the black & White gallery (Psyduck).

 

[Designer]

I partially solved the problem cloning out the logo of the products. The image is less strong, but this way I'm sure about law.

You may or may not have solved the problem. If the product was my product, and you erased my brand name, I might feel slighted. Furthermore, showing the brand name might not actually be a problem. Unless a lawyer tells you that you have "solved" the problem, I think you're just guessing.

 

[Benjo255]

In Italy the problem is solved by erasing the name. There is no brand and nothing is suggesting a direct commercial link between me and the product. Plus there are several drugs containing that principle...enough for me in Italy. But thank you Anyway for the insights.

 

[The_Traveler]

this is a trademark issue and is probably already answered at the US PTO.

 

[qleak]

I can't say for certain if it is safe. I believe as long as you don't attempt to represent yourself as the entity that holds the trademark or having any association with them whatsoever you're probably okay. Though this issue is certainly complicated and subject to interpretation

Here's someone that goes into further detail:

Photos of Trademarked and Copyrighted Works

 

[Benjo255]

I believe as long as you don't attempt to represent yourself as the entity that holds the trademark or having any association with them whatsoever you're probably okay

What do you think looking at the pic?

 

[qleak]

I believe as long as you don't attempt to represent yourself as the entity that holds the trademark or having any association with them whatsoever you're probably okay

What do you think looking at the pic?

I think you're probably within fair use rights. At worst you could claim social commentary / satire. Though it often will depend on how you plan on using the photograph or how the people you sell it to plan on using it. As previously mentioned laws vary considerably based on where you are.

Then again you're talking someone who tapes over or markers out his photo equipment labels. So what the hell do I know?

 

[W.Y.Photo]

In the US trademarks are legal to use in certain forms of artwork, think of Andy Warhol's Cambell's soup cans..but as previously stated this could differ from country to country.

GIOCONDA LAW BLOG Cutting Edge Issues in Brand Protection Pop Art Free Expression or Trademark Infringement

 

[petrochemist]

Here's someone that goes into further detail:

Photos of Trademarked and Copyrighted Works

I only scanned the intro but as far as I can see it includes major errors:

It gives blanket statements but doesn't state the applicable region. I'm guessing it applies in the USA - though similar laws might exist in much of the western world the detail in them will certainly be different.

It claims 'Photographers can take pictures of anything they want—people, buildings, works of art, anything—without requesting permission of anyone.'
There are certainly many regulations on how you can photograph money (it varies wildly with the banknotes) I'm quite sure there will also be government secrets that you'll be able to get into very serious trouble photographing....

I think the advise given here is probably better!

 

[KmH]

I think you're probably within fair use rights. At worst you could claim social commentary / satire.

US copyright fair use as it relates to copyright does not directly transfer to trademarks.
US copyright fair use doctrine is nowhere near being cut and dried, and does not apply at all in another country.
It will depend of if another country uses the concept of fair use, or not.

There is an International copyright agreement (signed by 160+ countries) - the Berne Convention.

Don't confuse the right to take a photo (rights in the US that is) with how a photo is subsequently used.

 

[Benjo255]

At worst you could claim social commentary / satire.

Yes.
I mean...I had this doubt yesterday, but...c'mon guys. I'm not selling Pfeizer T-Shirts.
They make this product. People use it. I photograph the use of it. May be I was overworried.