Legal Question

Tallent · Feb 23, 2017

Hi, I had a question I'm sure someone here knows the answer to:

Am I legally allowed to take a picture of a restaurant or bar's sign from a public street, and then sell it printed as a matted photo or on a coaster? I will not be trying to license the photos to be published.

I am assuming the answer is yes because I've seen a bunch of people selling them at craft fairs, online, and on etsy. Just wondering where it falls legally? Freedom of speech?

Thanks

Simonko1997 · Feb 24, 2017

you can do it , anyway if there is someone that finds you ( after few days / months / years ) you can simply stop for few days and then proceed. No company refused free comercial

Vtec44 · Feb 24, 2017

If it's in a public place then I'd say yes, as long as you don't use it for a promotion of a product or service.

Disclaimer: I'm not an attorney and this is not legal advice. It's best to consult with an actual attorney.

john.margetts · Feb 24, 2017

Depends on where you are. In the UK, you can include virtually any visible aspect of a town in your shots (exceptions being aspects of national security). But (still in the UK) you cannot take a photograph of a copyright item and sell it. The difference is between being included in a shot and being the subject of the shot. The owners of the London Eye are given to suing sellers of photographs of their structure.

table1349 · Feb 24, 2017

Dewy, Cheatum & Howe
Attorneys At Law

Dear Sirs,

I would like to retain you as the photographers at my daughters wedding.

Photographers take pictures. Lawyers answer legal questions. Mix the two up and you are on your own.

KmH · Feb 24, 2017

Yes. Where you are is germane. Yet you have no location info in your profile.

A restaurant/bar name can not be copyrighted in the USA.
However, where one might run into a problem here in the US is if the restaurant/bar name has been trademarked.

Trademark protects words, phrases, symbols, and/or designs used to 'brand' a source of goods or services to distinguishing them from other sources of the same type of goods or services.

Visit United States Patent and Trademark Office and U.S. Copyright Office

And as also mentioned, an online photography forum is a very poor place to be seeking legal advice. Hopefully post #2 is in jest.

greatchimney · Mar 9, 2017

If it is public, then it is not prohibited. I only had a very small problem before because while taking a shot, I captured someone and complained. But after talking and clarifying things, it emded up well.