stock footage legal question

Started Feb 9, 2013 | Discussions thread
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Michael Fryd
Senior MemberPosts: 2,686
Re: stock footage legal question
In reply to jason zaloga, Feb 24, 2013

Trademark law doesn't prevent you from taking a photo of a trademark, however it does prevent you from using the photo in various contexts.

The issue is that you can't use the photo in a context which might imply endorsement or approval of the trademark holder.

For instance take a photo of a girl at the beach with a Playboy logo on her bikini.  You likely would have an issue using it in a calendar, as it might cause members of the public to think your calendar is an official Playboy product.

Even if the trademark usage is legally OK, an over protective trademark lawyer may try to suppress the image.  Unless you have a big legal budget, you may want to avoid such a fight.

Many stock agencies don't want to deal with these issues, and refuse images with trademarks.

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