Question re: copyright and photographer's rights

[Moses on the Street]

I took a photo of Bevo, the Texas Longhorn mascot, at a football game, then post-processed it in with a graphics feel that, while still leaving Bevo recognizable, is definitely not photo-realistic.

I have a customer who wants to purchase a copy of this photograph, but Bevo is a registered trademark of the University of Texas.

My question: if Bevo is out in a public place performing his official duties as a celebrity, and I photograph him and then render the photograph in a way that is no longer photo-realistic but that still definitely Bevo, can I sell that photo for a profit?

[J Eddington]

My Opinion is: No, not unless you want to risk a lawsuit. He is trademarked. Trademark infringement has harder fines than copyright. He is the focus of the photo. When you photograph someones property you need a release to sell. I bet he was on private property when you took the photo.

[texkam]

WWJD?
What would Jerry do if you wanted to do the same thing to the Cowboy's trademarked mascot? I don't think he'd let you sell that photo. I'm sure UT has their version of JJ.

[jeffro20]

Originally Posted by texkam

WWJD?
What would Jerry do if you wanted to do the same thing to the Cowboy's trademarked mascot? I don't think he'd let you sell that photo. I'm sure UT has their version of JJ.

Rowdy? Gosh I hope he's not a trademarked mascot....Our best mascot right now is a falling star.

[hue-e]

what would paparazzi do?

the name "bevo" is what's trademarked. I don't think you can trademark an animal. I would imagine as long as there are no logos and you don't actually have the word "bevo" or you don't sell it as "bevo," then there's probably a bit of gray area there. in which case, you're just selling a photo of a steer.

basically, I think you're screwed on selling it... but that's just a guess not having seen the photo.

[ronocnikral]

Originally Posted by hue-e

what would paparazzi do?

the name "bevo" is what's trademarked. I don't think you can trademark an animal. I would imagine as long as there are no logos and you don't actually have the word "bevo" or you don't sell it as "bevo," then there's probably a bit of gray area there. in which case, you're just selling a photo of a steer.

basically, I think you're screwed on selling it... but that's just a guess not having seen the photo.

Originally Posted by Moses on the Street

I took a photo of Bevo, the Texas Longhorn mascot, at a football game...

call a lawyer.

yes, you can trademark an animal.

[SCone]

Huge difference is TAKING a photograph and SELLING one... yes, I'd give my attorney a call... mine is on speed-dial... is yours?

[PeteQ]

While you can (generally) take a photo of anything in public, selling something is a different story. You would, in most cases, need a property release from the owner/agent to sell or commercially use a recognizable image of property that is not yours.

[WarrenG]

Originally Posted by Moses on the Street

I took a photo of Bevo, the Texas Longhorn mascot, at a football game,

My question: if Bevo is out in a public place

One thought that I have not seen mentioned already...If you were at the football game, you were not on public property... entrance to the game requires a ticket, and the stadium is on school property (and is probably trademarked as well).

In addition, the NCAA has some really weird rules about selling photos... I would talk to an attorney well versed in copyright and NCAA rules just in case.

W

[Moses on the Street]

Man .. it is getting rather tricky. After consulting with three different lawyers, one who is completely versed in NFL trademarks, it's pretty clear what the rules are here.

UT has a trademark on the word "Bevo." It does not, however, have a trademark on the Texas longhorn, which is the state mammal of Texas.

The picture that I took is clearly identifiable as Bevo because Bevo has a "facemask" across his nose identifying him as such, and my photo shows it.

The upshot is that, if I remove the word "BEVO" from his facemask, I can sell the print. I just can't sell/advertise it as a print of "BEVO," even though it is, in fact, BEVO.

I can use the image as long as I advertise it as the image of a Texas Longhorn. I just have to take BEVO out. So I'm going to replace that with the word "TEXAS," using the same font.

There is a lot more to it than this, but I don't feel at liberty to discuss it publicly. PM me if you want more information.

[texkam]

Makes sense. Sounds fair.

I like your work.

[PeteQ]

Well, I would just say this. Be careful that you don't fall into a "derivative works" situation as just changing the wording on the mask may be interpreted. I am betting UT has more money set aside for lawyers than you will likely make off the sale of your image.

[robert t]

Give the photo away and let the person give you gift for being so kind... problem solved....LOL.