Photography - Legal Issue - DPChallenge Forums

04/15/2004 09:38:37 AM · #1

I never gave this much thought until someone questioned me about it.

What if any are the legal issues in selling a print of this model of the "Dodge" Viper made by "ERTL"?

Neuferland

Google Pixel 2

04/15/2004 09:42:21 AM · #2

Who took the shot? You? If it's your shot and you can prove it there should be no problems I would think. I'm not a lawyer so don't take what I say a law but if it's not your shot then I would think there are all kinds of legal issues involved with selling someone else's shot without permission.

Deannda

04/15/2004 09:45:34 AM · #3

The photograph is mine.
I shot it in my garage studio.
It is one of my son's muscle car models.

Originally posted by Neuferland:

04/15/2004 09:51:27 AM · #4

What about using "It's Miller Time" (Miller Beer)in the title?

LtHousLady

Tamron SP AF 28-105mm f/2.8 LD Aspherical IF for Canon

04/15/2004 09:51:44 AM · #5

Unfortunately, it's not only a question of if it's your picture....but is it your car. Car companies will protect their trademarked name & that's all this pic is about.
In my business, many people have a niche market of car rallys. They can't just go around taking pics of any cars to offer their customers. THey see that as profiting from their hard work without them getting any compensation. They can only use personal pics of the customer's own car, unless they get permission from the car companies to use the tradmarked name. Since the person baught the car, they can take a pic of it & do what they want, but no one else can. Copyright & trademark infringement is quite a tangled web. You need to look into it very carefully.
With lighthouses, there are some that are privately owned & the rules differ. Out at Montauk Point, you can't sell any photos that you take from inside their gate line...but anything from outside of it is fair game.

Edit: JUst saw the Miller time post. You need to see if they have trademarked that phrase. If they have, it's off limits.

Message edited by author 2004-04-15 10:11:01.

GeneralE

Canon PowerShot S3 IS

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

04/15/2004 10:01:21 AM · #6

Phrases can be trademarked or registered as a "service mark" but cannot be copyrighted. Titles cannot be copyrighted -- if you want to title your history of the Dust Bowl era "Gone With The Wind" you can (but shouldn't anyway). Further, even the trademarked phrase can probably be used in the context of parody or satire or political commentary. I don't know if this particular picture would qualify for that though.

I don't think the car company can prevent you from simply using the name of the car, but they may require the use of the "Circle-R" registered trademark symbol -- look at some ads and see how the name is used other places, for example, in a car review magazine.

redmoon

Olympus PEN E-PL2

Olympus 14-42mm f/3.5-5.6 M.Zuiko Digital

04/15/2004 10:30:53 AM · #7

Probably not relevant, but interesting (i thought), though I might be remembering this wrongly, but Dodge aren't even allowed to call the Viper the, erm, Viper in the UK. Apparently that name was already copyrighted by another company (builder of kit cars or something).

Sigma 15-30mm f/3.5-4.5 EX Aspherical DG DF for Canon

04/15/2004 10:33:23 AM · #8

Great feedback and I really appreciate it.
I will have to research this further.

If anyone else has any ideas or comments please post them.

garlic

Canon EOS-10D

04/15/2004 10:34:59 AM · #9

I saw it on a thread here some weeks ago that you can not publish images wich includes some tradmarks (f.inst. McDonalds) unless you get permission from the owner of the tradmark.

LtHousLady