License

bism · Jun 13, 2003

Hello, I am going to be shooting a mag ad that contains products unrelated to the ad. Must I contact the relevant companies to get permission to show their product? Can I just remove their name brands from the picture?

Examples:
1-A shot full of cars. Must I get permission from each individual car company? :?

2-A shampoo ad that features a hair dryer. Must I get permission from the hair dryer manufacturer to show their product?

Any link to relevant license info would be greatly appreciated.

Thanks

metroshane · Jun 13, 2003

I'm new at this, but have been reading alot about it. Here is my understanding at a very basic level...realizing of course that each situation is different and can be objective.

If you are shooting a product in a news worthy situation (a news story), then no you do not need permission. If you are shooting a product to promote a story (not news, but commerical) then yes you need permission. There are even product releases just like model releases. If you are shooting a group of cars, like say a traffic jam from 200 yards away, ....then it becomes objective. If you can't readily make out all of the makes of the cars, then probably not. It can get really confusing. For example, if I'm shooting a harley for a bike magazine....then I probably need a release from the owner, not Harley INC.

So, assuming it's a commercial (not news) magazine, then I'd assume no for number 1, yes for 2. Now if you photoshop out the name of the brand then possibly not. Consider the context of the ad too. If you are shooting a broken down burned up hair dryer, the company might take exception. If you show the product in a good light, they may not care at all.

The best advise is to contact a copyright lawyer. If you can't do that, then go to the library or bookstore and you can probably find your exact examples explained in less than 15 minutes.

bism · Jun 13, 2003

Thanks for the reply. Although it seems to have made a more confusing problem out of it. :?

My sitution specifically calls for a red convertable with a female driver. We have a red mustang rented and are ready to go. It need not be known that this is a mustang but even if we remove the logos/make of the car it will still be obvious. This is not news worthy as it is an advert for a industrial product. You think asking the rental car company for permission would be the ticket? Calling Ford? And what about licence plates on the car? I imagine we will alter those anyway to fit the ad, but just out of curiousity....

Thanks again

metroshane · Jun 13, 2003

sorry it's so confusing...but you should read the copyright law. It's even more confusing.

I'd say for your use, you probably wouldn't need permission from anyone since you're removing the emblems and license plate.