 Cesar J. La Rosa |
Do I need permission? When I was taking Photo lessons, our teacher asked us to photograph different objects she brought to class, among them was a bottle of a very well known perfume by Chanel. I used that bottle for our assignment. Now I would like to add that image to my BP Gallery, but was wondering if I would need any kind of authorization to do that. Could anybody help me, please?
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- Gregory LaGrange Contact Gregory LaGrange Gregory LaGrange's Gallery |
No. There's no implied endorsement/association of the Chanel name to another product, person, event, etc... It amounts to a photo in your gallery of somebody wearing a Nike shirt with a visible logo.
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Cesar J. La Rosa |
Thank you, Gregory. That's what I thought. I wanted to be sure before submitting my photograph.
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- Ken Smith Contact Ken Smith Ken Smith's Gallery |
I remember several years ago this question came up in a forum topic, and here's what Heather of BP said in regards to entering brand names in the contest. Granted, that's different than just putting them in your gallery: "To sum up his response: although we do not disqualify images due to brand names being visible, we do tend to err on the side of not selecting such images due to legal issues that could stem from not receiving a property release form from the company. The scenario of a member who would receive a gain (prize) with a copyrighted trademark (i.e. coca cola, pepsi) without a property release, may result in legal issues."
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- Gregory LaGrange Contact Gregory LaGrange Gregory LaGrange's Gallery |
That's different than putting it in his gallery. A contest with an award of some value, even non-monetary, where someone could try to say that a visible brand had some influence one which winners are chosen would make for cautionary views when everyone seems to sue at the drop of a hat. Plus, when entered photos are pretty much always used to promote whichever contest they have been entered in, that makes for more caution. But there's been photos entered into this contest that have been of objects like cars that the brand could be easily recognized. But it will be a judgment call between whether something is just an object that you can recognize a brand, or a photo that showcases the brand itself.
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- Ken Smith Contact Ken Smith Ken Smith's Gallery |
Hi Greg...yes, I tried to make that distinction in my comment...the BP contest versus the gallery. But often the gallery photos take the next step for the contest, so I wanted Cesar to see what BP had said several years ago. BP may have a totally different slant on this issue now.
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