Two important questions!!

brittisscoop · Jun 16, 2012

I take pictures of landscapes, and random things that I can find beauty in and I'm looking to start selling my photos. There is one picture impartically that is a shot of a watch and on the face it says Invicta, Can I legally sell it without a photo release or something like that? Do I have to contact Invicta and get permission?
My other question is when i decide to start selling them should I put my name on them (logo) or not. I thought about making labels with my name and everything and sticking them on the back of the photos but I'm not sure what to do. Any info you have would really help, I have been beating my head over these two things for two weeks! Thanks GUYS!!!!

KmH · Jun 16, 2012

Yes, you probably need permission.

Vist www.uspto.gov

If Invicta is a registered trademark, you could indeed be sued for trademark infringement if you do not license the use of the trademark from the trademark owner.

Little trees, the company that makes those scented cardboard tree cutouts that are used as car freshners is like a lot of companies in that they aggressively protect their trademark.
Little Trees

Putting or not putting your name or a logo on any photos you sell is a business decision, but few photography business do. However, a name/logo is more commonly put on photos used to advertise/promote the photographer or photography business.

Beating your head is not very productive, but doing some internet searching can be.

You should also be aware that legal advice gotten online is not reliable. For your specific business plan you really should consult with an intellectual property attorney.

yerlem · Jun 16, 2012

and you should probably also stop using comic sans.

orljustin · Jun 16, 2012

Do some Internet research and then come back with a better description of what 'selling my photos' actually means to you. Everyone thinks theyre going to make money 'selling my photos', but they didn't stop to think about what that actually means.

Eta: since you mentioned labels, I'll assume you mean you think you are somehow going to sell prints to people. A: art prints of anything in small quantities are fine and 2: no company is going to care about you and the weekend farmers market.

brittisscoop · Jun 16, 2012

ok thank you guys! "Selling my photos" means exactly what it says, I'm looking into selling them in small businesses around my area not into it for the money just looking to share the beauty I see. And don't hate on Comic Sans..

KmH · Jun 16, 2012

brittisscoop said:
...... not into it for the money just looking to share the beauty I see......

So your 2 questions weren't important after all.

Then just give them away, and you definately wouldn't want your name or logo on any of the photos, since that would seem more like commercialism than sharing the beauty..

orljustin · Jun 16, 2012

brittisscoop said:
ok thank you guys! "Selling my photos" means exactly what it says, I'm looking into selling them in small businesses around my area not into it for the money just looking to share the beauty I see.

Well, your 'photos' are digital, yes? So what you really meant was 'I'd like to sell small framed and matted prints of my photos. I'd like to convince local businesses to display them and then split the payment with me.'See how much clearer that was and how we would know what your intent is?

brittisscoop · Jun 17, 2012

They were two VERY straight questions, you acting like your on a pedestal and picking apart my post was not the intention of the post and the intention of this forum. And who are you to tell me my questions are not important, they are important to me and seeing how I posted the post I think your thought don't count on how important they are your job is to answer my questions which you guys really haven't done so thanks for that.

brittisscoop · Jun 17, 2012

I came here to get help with questions I have and it seems all I have found are some people who think they are high and mighty when they probably are trying to make up for a bunch of areas they are lacking in. So I guess the shame is on you. Don't worry life goes on so get over it.

morganza · Jun 17, 2012

KmH said:
Yes, you probably need permission.

Vist www.uspto.gov

If Invicta is a registered trademark, you could indeed be sued for trademark infringement if you do not license the use of the trademark from the trademark owner.

Little trees, the company that makes those scented cardboard tree cutouts that are used as car freshners is like a lot of companies in that they aggressively protect their trademark.
Little Trees

Putting or not putting your name or a logo on any photos you sell is a business decision, but few photography business do. However, a name/logo is more commonly put on photos used to advertise/promote the photographer or photography business.

Beating your head is not very productive, but doing some internet searching can be.

You should also be aware that legal advice gotten online is not reliable. For your specific business plan you really should consult with an intellectual property attorney.

This reply says it all, also, comic sans... no..

orljustin · Jun 17, 2012

brittisscoop said:
I came here to get help with questions I have and it seems all I have found are some people who think they are high and mighty when they probably are trying to make up for a bunch of areas they are lacking in. So I guess the shame is on you. Don't worry life goes on so get over it.

Lol. Let's see. You're the one who came in here wasting our time with an unclear question. If you had any experience, you'd know 'how do I sell my photos' has plenty of different answers. Sounds like you're lacking a bit.

Kerbouchard · Jun 17, 2012

brittisscoop said:
They were two VERY straight questions, you acting like your on a pedestal and picking apart my post was not the intention of the post and the intention of this forum. And who are you to tell me my questions are not important, they are important to me and seeing how I posted the post I think your thought don't count on how important they are your job is to answer my questions which you guys really haven't done so thanks for that.

I was actually going to take your side, give you the best answer I could, and berrate some of the other posters for their high and mighty attitude...until I read that you think it is my job to answer your questions.

Turns out, its not my job. So, instead, you should pay an attorney, whose job actually is to answer your questions.