 Teri Soares |
If you use a stuffed animal in a stock shot... If you use a stuffed animal in a stock shot, do you need a manufacturer's release of some kind? Thanks!
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Haidar Abu Bakar |
NO I dont think you need to. Releases are meant for people not dead animals.
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Teri Soares |
Thanks Haidar. I meant to refer to stuffed animals like teddy bears and such as opposed to the taxidermal kind. If you know about these, I'd like to hear back from you. Thanks, Teri
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Mark Feldstein |
Hey Teri. For editorial work, generally no. For commercial work, stock photos, it depends on a number of factors including whether the item is trademarked, copyrighted, or merely patented. The best thing to do is always ask permission of the manufacturer. Most of them have a media relations officer of some kind who will at least offer their consent or a written denial on the issue. They'll probably ask you to send along a copy of the photograph so that they can make a determination on a case-by-case basis. Failing that, talk to a lawyer in your neighborhood who specializes in intellectual property law and get their written opinion. While opinion letters don't prevent you from being sued, they can serve as your first line of defense (advice of counsel) in the somewhat unlikely event that you are sued for some kind of infringement based upon your ultimate usage of the image.
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Teri Soares |
Mark, I knew I could count on your for an intelligent and thorough answer! Thank you lots! Teri
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Mark Feldstein |
Glad to help out Teri. Next time, if you like, feel free to drop me an e-mail as well in case I miss the inquiry around these parts. Be well. :>) M.
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