ADVICE NEEDED legal issue of taking photos at a public car show

[jon_k]

Unless that car has been copyrighted/trademarked

Copyright may subsist in a wide range of creative, intellectual, or artistic forms or "works". These include poems, theses, plays, and other literary works, movies, choreographic works (dances, ballets, etc.), musical compositions, audio recordings, paintings, drawings, sculptures, photographs, software, radio and television broadcasts of live and other performances, and, in some jurisdictions, industrial designs.

Can't copyright a car really. Although the photographer / original poster CAN copyright the image he took of this guys car. Strange irony huh?

A trademark or trade mark[1] is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities.

Doesn't seem like trademarked either. Unless he took a photo of his car and had it registered by his government as a trademark. Then, taking another picture with similar likeness /might/ cause some trouble I'd imagine. I highly doubt the jerk in question has registered a photo of his ride as a TM though.

 

[shorty6049]

simplest answer yet on this thread- Sure, you can most likely use the photos for whatever you want and the owner cant stop you

 

[skieur]

Unless that car has been copyrighted/trademarked

You cannot copyright a car and trademark law does NOT apply.

skieur

 

[skieur]

Copyright may subsist in a wide range of creative, intellectual, or artistic forms or "works". These include poems, theses, plays, and other literary works, movies, choreographic works (dances, ballets, etc.), musical compositions, audio recordings, paintings, drawings, sculptures, photographs, software, radio and television broadcasts of live and other performances, and, in some jurisdictions, industrial designs.

Can't copyright a car really. Although the photographer / original poster CAN copyright the image he took of this guys car. Strange irony huh?

A trademark or trade mark[1] is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities.

Doesn't seem like trademarked either. Unless he took a photo of his car and had it registered by his government as a trademark. Then, taking another picture with similar likeness /might/ cause some trouble I'd imagine. I highly doubt the jerk in question has registered a photo of his ride as a TM though.

Simply put, trademark law does NOT apply. "passing off" is a requirement for the violation of trademark law. What that means for example is passing off a brown drink as Coca Cola by copying the original red and white trademark onto the bottle with the brown drink and then selling it as Coca Cola

skieur