photos in book legality question

[Carolyn]

I'm hoping someone can give me some info on the legality of using certain photos in a book I put together and may want to sell.

These are all photos I have taken BUT the subjects are what I'm concerned about.

One of the photos is the Livestrong band on my wrist. Another is the Ironman decal on my vehicle. Another is a photo of the Rubik's Cube.

Anyone know the legality if these photos are in my book that I would sell for profit?

Would I have to contact these companies to ask permission to use a photo of their product that I took in my book.

Carolyn

[johnastovall]

Originally Posted by Carolyn

I'm hoping someone can give me some info on the legality of using certain photos in a book I put together and may want to sell.

These are all photos I have taken BUT the subjects are what I'm concerned about.

One of the photos is the Livestrong band on my wrist. Another is the Ironman decal on my vehicle. Another is a photo of the Rubik's Cube.

Anyone know the legality if these photos are in my book that I would sell for profit?

Would I have to contact these companies to ask permission to use a photo of their product that I took in my book.

Carolyn

I would. There are several good books out now on the legality of images and the appearance of trademarks and copyrighted objects in photos.

I would start with this.

Legal Handbook for Photographers: The Rights and Liabilities of Making Images
by Bert P. Krages

Here's a bit about it. Krages is inaddition to being a lawyer, a photographer.

http://www.krages.com/lhp.htm

[h00kemh0rns]

Originally Posted by Carolyn

I'm hoping someone can give me some info on the legality of using certain photos in a book I put together and may want to sell.

These are all photos I have taken BUT the subjects are what I'm concerned about.

One of the photos is the Livestrong band on my wrist. Another is the Ironman decal on my vehicle. Another is a photo of the Rubik's Cube.

Anyone know the legality if these photos are in my book that I would sell for profit?

Would I have to contact these companies to ask permission to use a photo of their product that I took in my book.

Carolyn

Short answer is yes...and I would expect the publisher of the book would request that you have proof of permission to use these commercial products.

[Carolyn]

Thanks John and Daniel.

Carolyn

[Steelsun]

If this was a picture "Art" book though, you'd probably be exempt.

After all Andy Warhol did not need Campbell's permission for his soup art.

[johnastovall]

Originally Posted by Steelsun

If this was a picture "Art" book though, you'd probably be exempt.

After all Andy Warhol did not need Campbell's permission for his soup art.

Actually after his death the Warhol Foundation did reach an agreement with Campbell Soup and others for the use of the images.

On Sun, April 11, 1999, Amalyah Keshet <akeshet@imj.org.il> wrote:

This is the information I received from the Warhol Foundation regarding Andy Warhol and Campbell's Soup, as promised.

Andy Warhol did not originally seek permission from Campbell Soup Company to paint their soup cans. He apparently did not run into problems with the company who saw his usage as amusing and the freedom of expression.

It was only after Warhol's death, when the Andy Warhol Foundation began making licensing agreements with various manufacturers to use Warhol's imagery on products, that there was an official legal agreement between the Andy Warhol Foundation and Campbell Soup Company. Presently, both parties own a stake in the copyright and neither party can make licensing agreements without the other party's permission. Happily, we have a good relationship with them and are involved in various licensing deals with them covering a wide range of products.

So, to answer your question, while he was alive, Warhol did retain the copyright to his own artworks but never addressed the issue himself as far as Campbell Soup Company was concerned.

Thanks to Ms Keshet for sharing the Warhol Foundation's account of its relationship with Campbell's Soup. It answers a question that often comes up in my trademark class. I, for one, would be equally interested in knowing whether there is a similar relationship with the Estate of Marilyn Monroe, and whether Mr. Warhol sought permission to use Marilyn's image when he did his famous series on her.

According to the Warhol Foundation, they have a similar licensing arrangement with the estates of Marilyn Monroe, Elvis Presley, and James Dean. I assume that the situation is the same as with Campbell's: Warhol did not seek permission initially, but the Foundation did when it sought to exploit the works commercially after his death.

Tyler T. Ochoa
Associate Professor
Whittier Law School
<tochoa@law.whittier.edu>

http://cellar.org/archive/index.php/t-990.html

[Guther]

Best advice I can give, and you could recieve is to contact a lawyer specializing in copyright law.