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by VDye on Tue Mar 17, 2015 11:12 am
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VDye
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I am writing a beginners ebook and I'm using lots of images of cameras and their menus. I have created all of these images from my cameras, but I wanted to make sure there was no copyright infringement on photographing a product. I'm using Canon, Nikon and Panasonic cameras.  I don't think there is, but wanted to make sure before I go to press.

Thanks!

Victoria

PS Hi Carolyn, hope you've been well!
Victoria Dye 
www.victoriasimages.com
"Live each day."
 

by Carolyn E. Wright on Thu Mar 19, 2015 11:08 am
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Carolyn E. Wright
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Hi, Victoria!

The issue of taking photos of products usually is trademarks, not copyrights.  I have a lot of blog entries about trademarks in photos on my blog:  http://www.photoattorney.com/?s=trademarks&x=0&y=0.  It can be a complicated issue and, of course, is dependent on the use.  Check what the [font=Arial, Verdana, Helvetica, sans-serif]The World Intellectual Property Organization[/font] says about it here:  http://www.wipo.int/export/sites/www/sme/en/documents/pdf/ip_photography.pdf:

2.1 Can you freely take photographs that include trademarks?

Unlike copyright law, trademark law as such does not restrict the use of a trademark in a photograph. What trademark law does forbid is using a trademark in a way that can cause confusion regarding the affiliation of the trademark owner to the image. If consumers are likely to mistakenly believe that a photograph was sponsored by the trademark owner, then there may be trademark infringement. Example: Printing a photograph containing the Nike trademark on sportswear could result in trademark infringement. In fact, by such use it would be assumed that you are trying to appropriate some of the goodwill associated with the Nike trademark. Consumers will presumably think that the fabrics are affiliated with the Nike trademark.

Best,
Carolyn
Carolyn E. Wright, Esq.
Lawyer for Photographers and NSN Moderator
Photo Attorney® at www.photoattorney.com
 

by Jeff Colburn on Wed Apr 01, 2015 12:50 pm
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Jeff Colburn
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I agree with Carolyn. If you can leave the trademark out of a photo, I would.

Many many years ago I had a business card with a photo taken at Disneyland. It showed Minnie Mouse hugging a little girl. The Disney people found out and in no uncertain terms told me to stop using the image on my business cards.

Have Fun,
Jeff
Fine Art Prints and Stock Photography of Arizona www.JeffColburn.com See my ebooks in the NatureScapes Store 25 Places To Sell Your Photographs And Photography Skills and The Vanishing Old West - Jerome
 

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