BetterPhoto Q&A
Category: New Answers

Photography Question 

Ron Ross
 

Can I resell pictures of billboards?


If I try to sell a picture of an existing billboard with a funny saying or unique look etc...what licensing or copywrite issues am I running into? What if any difference would it make if the billboard included contact information such as phone numbers, addresses and/or website?

Thanks,

Ron


To love this question, log in above
October 18, 2007

 

Mark Feldstein
  Advertising, whether for profit or not, is (at least in the U.S.) protected by the copyright laws unless for some reason, the work is in the public domain. The advertiser's agents can tell you that.

Assuming it's not, then you should probably start by asking for and getting written consent from the advertiser and make sure they have the authority to license usage rights for any authors, artists, designers, illustrators, etc., associated with the work. Be very specific in your request because in all likelihood, if they charage a usage fee, that fee will depend on exactly what you want to do with their work and whether they approve of that usage in the first instance.

And, if they don't have preauthorized licensing arrangements from the others involved, you'll need to get a specific authorization or usage license to use the work from anyone connected with the project.

If you don't and just go ahead and use the work without proper permission, you're on the hook for an infringement action from the people who produced and paid for the work. Even statutory damages for willful infringement can
be up to roughly $260,000.00 per EACH violation and attorney fees and court costs.
Good luck
Take it light.
Mark


To love this comment, log in above
October 18, 2007

 

Mark Feldstein
  BTW, "public domain" refers to work that's either produced for the general public, say a National Guard recruitment billboard, an ad for some kind of government service like an IRS ad, or some type of work produced for a governmental agency that was previously unavailable for public use that's now been released to the public to be used for the benefit of the general public.
M.


To love this comment, log in above
October 18, 2007

 
This old forum is now archived. Use improved Forum here

Report this Thread