Legal Question

SbutterAMfly · Nov 6, 2008

I work for a yarn company, and we're working on selecting images to put into our handknitting sweater pattern booklets as well as in our ads.

The background of one of our sweaters has Tide and SOS boxes very visible. Photoshopping is not really an option in many of the photographs because of the reflection.

There are some images without the Tide or SOS in the background, but the "higher-ups" at my company prefer the "look" of the sweater in the photos with the Tide and SOS.

Basically, my question is: Is it legal to use these images without any prior permission from Tide and/or SOS?

Can anyone point me in any direction where I might find written information about this sort of thing? We have a meeting tomorrow morning and I'd like to present this to them if it will be a problem.

Here is a link to part of one of the images.

Thanks for your help.

skieur · Nov 6, 2008

First, it appears to be very easy to edit the boxes out of the photo in Photoshop. You are not violating any trademarks by having the boxes with Tide and SOS in the photo, but it gets more complicated. The question becomes: "Could something negative be construed about Tide or SOS, by the photos or their use?" Most likely not, but it would probably be better to get permission to be on the safe side.

skieur

craig · Nov 6, 2008

Contact "Tide" I am sure they will not be happy about it. Keep in mind that legal matters should be directed toward lawyers. Not photographers.

Love & Bass

skieur · Nov 6, 2008

craig said:
Contact "Tide" I am sure they will not be happy about it. Keep in mind that legal matters should be directed toward lawyers. Not photographers.

Love & Bass

True, but unfortunately a further complication is that there are very few really good photo rights lawyers that really know that area of the law extremely well.

skieur

craig · Nov 6, 2008

skieur said:
True, but unfortunately a further complication is that there are very few really good photo rights lawyers that really know that area of the law extremely well.

skieur

Tide & Proctor Gamble have excellent advice help. Generally you do not need to know photo rights extremely well. It is more of a case of yes or no. If you get into contract deals that is where the line gets blurred.

Love & Bass

SbutterAMfly · Nov 11, 2008

Thanks for your help guys.

We were able to settle on using an image that we can crop the Tide/SOS out of. So we don't have to bother with contacting them or dealing with any possible legal work. Just to be safe.