Can you be sued for having store front logo in your photo that is sold?

5 years 7 months ago #597274 by Jessy Page
I did some searches and couldn't find the exact answer to this.  So my question is wondering if you take a photo of a street scene, where the clear subject is not a store, nor it's trademarked logo, however those are clear in the photo.  Could be sued?  

Well come to think of it, anyone can be sued.  Let me rephrase: could I be sued and would the court likely favor the store or me the photographer?  


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5 years 7 months ago #597289 by effron
I'm not sure, but I think a lot has to do with how you're using the image.

Why so serious?
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5 years 7 months ago #597299 by fmw
I can't give you legal advice but, as a businessman, I would be pleased to see my store show in your image.  I would lose nothing by it and possible gain something.  It is free advertising.  I think lawsuits are designed to collect remedy for losses.  Common sense tells me there would be no loss.


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5 years 7 months ago #597302 by garyrhook
Sold how? As "art"? Or a commercial purpose?

A storefront in a public location has no clear right to privacy. The owner has some control over the use of its likeness, however. When it comes to photography, lawsuits have declared that incidental elements in a photograph (bystanders, etc) don't necessarily warrant a release for use of said photograph, as long as the element in question isn't the main point of the photograph. In many cases, you'd be in the clear.

Now, the nature of the use may create issues, so: it depends.

And any commercial use might have any potential problems photoshopped out.

Is your question academic, or did you have a specific situation/example in mind?


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5 years 7 months ago #597352 by icepics
Their store sign is most likely trademarked. I'm not sure if you can use a trademarked name/logo for profit (if you use the photo in a way that you make money). If it's a fine art print or for editorial use (newspaper) it might be fine to use an image of it.

The other thing is that to use the image of their store you'd need a property release signed by them if you are going to make money for retail use (T shirts, etc.) or commercial use (business purposes). Again for editorial use or fine art use probably a release isn't needed. Try asmp.org or PPA for info./resources.

I'm more familiar with sports. Teams protect their names/logos. I don't think someone can use their trademarked name/logo to make money. I think it's OK to use a name/logo of a defunct team (because they aren't in existence anymore).

Sharon
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5 years 7 months ago #597358 by Adam Kay
:agree:  


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5 years 7 months ago #597667 by Fess Walker
Well think about this, how many historic photos have you seen with company logos and such shown in the photo?  I think it depends on the story of the photo as well. Otherwise every photo with a product logo would be a nightmare.  Car photos? TV, photos with other cameras in the photo, the list goes on. 


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