Legal question

Discussion in 'Photographic Discussions' started by tripwater, Oct 22, 2009.

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  1. tripwater

    tripwater TPF Noob!

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    I have started alphabet art. Photographing things that symbolize letters. I am doing this to learn basics and apply many basic principles to a ever growing subject.

    my gallery of letters so far
    Letter Art - timkelley's Photos

    Right now for a letter i I took a picture of a bottle of Johnnie Walker with clouds in the background. If I take this picture and put it up on my gallery for sale as an image/letter is it legal? Is it legal to take pictures of items with logos that are trademarked and sell them?

    I read a legal document stating the rights of photographers for taking pictures of people in public but what about trademarked logos caught in your pic?

    Thanks for any insight.
     
  2. tirediron

    tirediron Watch the Birdy! Staff Member Supporting Member

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    For legal advice, see a lawyer NOT an internet forum.
     
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  3. Plato

    Plato TPF Noob!

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    +1
     
  4. tripwater

    tripwater TPF Noob!

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    wow, I am speechless at this worthless comment. Seriously, go talk to a salesman and don't ask people who have driven the car to save time and money. Don't ask someone that MAY have already asked a lawyer...

    Out of all the people that are on this forum professional, novice and moderate, someone has had this experience and could share rather than me pay $180 hr to ask a lawyer.

    Sorry man but this reply is just lame.
     
  5. tripwater

    tripwater TPF Noob!

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    Not saying I am going to leave my future up to a person's post I have never met, but people that have asked this question in the past and had done the research can often point someone like me to a reference or legal site or something...

    Just saying 'go talk to a lawyer' is ridiculous in this day and age with all the tools and resources we have online. Why pay a lawyer when you can ask someone that has already done it? Call me crazy but that is the premise of what a forum is all about. Asking someone a question that has already done it...
     
  6. tirediron

    tirediron Watch the Birdy! Staff Member Supporting Member

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    Okay, I'm sorry. You're right. That post wasn't appropriate.

    Here you go: I've researched this very carefully, and you can certainly use another companies trade-marked image for your personal or commercial use without any permission from them as long as you stand on your head, spin around three times and pay to Allah.

    Do you see the point? Anyone can say anthing they want or portray themselves as an expert in any field. Laws vary widely by city, state/province and country. Even if I know exactly what the rules are where I live, doesn't mean it's the same for you. There's an interesting thread posted about an individual sued by Getty because he followed bad advice. I'd suggest reading that.
     
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  7. ErectedGryphon

    ErectedGryphon TPF Noob!

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    Ask a lawyer would be the best advice, regardless of how you feel about the response. I will take it a bit farther though, the following pic (linked because it's not mine) would more than likely hold up as artistic images, rather than copyright infringement. Even though you can likely recognize a brand, its more in how they are photographed and how that photo is used.

    http://www.watershedrestaurant.com/ws-images/wsImgWines.jpg

    However, ask a lawyer is still the best advice.
     
  8. Plato

    Plato TPF Noob!

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    Do you have to spin clockwise or counter-clockwise?
     
  9. Plato

    Plato TPF Noob!

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    You can pay the lawyer $180 now or you can pay the trademark owner several million after the lawsuit. The choice is yours.
     
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  10. DennyCrane

    DennyCrane No longer a newbie, moving up!

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    And what's legal for one poster in his/her locale might not be in another.
     
  11. Plato

    Plato TPF Noob!

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    Damn! You just ruined it for me. I had thought that the laws were the same throughout the world. :lol:
     
  12. tripwater

    tripwater TPF Noob!

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    well I think I will go masturbate with 40 grit sandpaper now. I will get much more out of that. This post is like massaging a midget with rubber gloves but in the back of your mind, you really just want to take the gloves off and feel the back hair.

    Thanks for all you do!
     
    Last edited: Oct 22, 2009
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