BetterPhoto Q&A
Category: New Questions

Photography Question 
Trudy L. Smuin
BetterPhoto Member Since: 2/9/2005
naturessignature.net
 

Copyright Question on Teddy Bear Pics


I have a group that wants me to make a calander for them using teddy bears. The calanders will be sold. Some of the bears that I want to use are Boyd Bears. Can I sell images of them without their permission?


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7/16/2006 4:43:36 PM

 
Mark Feldstein
BetterPhoto Member Since: 3/17/2005
  Assuming you reside in the U.S. and/or the bears are made and/or distributed by a U.S. firm or some foreign firm that has registered them in the U.S., then the short answer is "no".
The longer answer - and worst-case scenario - is that the manufacturer could see the images, send you a cease-and-desist letter, then sue you for trademark and/or copyright infringement, confiscate your profits from this endeavor along with those of the group that hired you to do this. Plus, under federal law (which applies in this case), the bear company could collect statutory damages for each photograph and each infringement from both you and the group under federal law.
Ok ... now sing along: "If you go out to the woods today, you won't believe your eyes... If you go out to the woods today, you're in for a big surprise ...."
Take it light.
Mark


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7/17/2006 9:55:07 AM

 
Trudy L. Smuin
BetterPhoto Member Since: 2/9/2005
naturessignature.net
  Thank you Mark. This is what I thought but wanted to double check.
Trudy


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7/23/2006 12:44:17 PM

 
Mark Feldstein
BetterPhoto Member Since: 3/17/2005
  You're very welcome Trudy.
Mark


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7/24/2006 8:13:28 PM

 
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