A name Brand showing in my photo

[katiexjo]

I shoot for a trade magazine, and the photo that has been selected to use for the cover clearly shows the name of the guitar that is in the photo. The client would like to leave the name, and the publisher says to go ahead with it and ask for forgiveness later. I would like to know what is the correct protocol on this type of thing.

Thanks

~KJ

[Outlaw]

Not Legal Advice, but if it's a magazine, they're probably protected saying the image is being used for editorial purposes. Either way, just ensure your contract/release/license states that the publisher is responsible for attaining any necessary model and property releases. If it's their call, make it their responsibility.

[katiexjo]

That's what I thought too. I am sure that the headquarters has dealt with this kind of thing before, and would have a watchful I...I know they have their own disclosures, and I have my model release, so I shouldn't be liable..just curious I guess.

Thanks

~KJ

[rusty_tripod]

I would suspect that it could serve as free advertising unless the image has some kind of deterimental action or implications that would impact it. I doubt that you would get a negative response.

Rusty Tripod

[jeffkohn]

Editorial use should be fine, and there have been court cases that ruled that even the images on the cover of a book or magazine are still editorial, not commercial use. In any regard, even if there were trademark infringment it would be from the use of the image, not the taking of it. So they're the ones taking the risk, not you. Unless you signed an agreement saying something to the effect of "Photographer shall defend, indemnify, and hold harmless the company..." which IMHO is a bad idea anyway.

[CaptainTom]

Also not a legal opinion.

If the product is depicted in a manner other than it's obvious intended use, the photographer and the client could be in for some legal action. I.E. you show what is obviously a Chevrolet car, but put all FORD decals, logos, etc. on it, and fill it with what appear to be prostitiutes. Just the first thing that came to mind....

[hhscr]

Tom,
Is this something that comes to mind often?

[katiexjo]

Here is the photo BTW...My concern was the name "Takamine" that is so obvious.

(For the final print I have touched out the branches around his head, for a better shot).

Thanks for all the input.

~KJ

[katiexjo]