Copyright Question

[swiftybilko]

I took the image below, and so I clearly own the image and the copyright theron. However, the image contains a further copyrighted image.

Where do I stand with respect to selling/exploiting this image?

http://www.photography-cafe.com/gallery/albums/userpics/10064/beer-clone.jpg

[T.O.]

In overall terms, this should be judged on a case-by-case basis. If your photo consists exclusively in the reproduction of another's work, you could be infringing his rights. Thus, you cannot take a picture of a, let's say, painting and then sell it etc. The case would be different if the painting is in a room with other people, for example, and you take a photo of the room (although focusing on the painting). This about copyright.

The issue here is that your photo does not contain another "copyrighted image", as you say, it contains the reproduction of a trademark (Boddingtons). The owner of this trademark has the exclusive right to use this commercial sign in the course of trade. Then again, you are not using his sign, you are simply reproducing it...it's all a matter of appreciation. Much depends on how you are planning to use it (artistic or commercial context).

if you want further information you can write me a privante message.
regards,
T.O.

[martook]

I have no answer to your question, but I had to compliment your choice of beverage... or to quote Homer: "Mmm... beer"
;)

[blue_max]

I think you may get into legal jargon regarding the useage. The word 'reasonable' may crop up often.

To my mind, the logo is very prominent and the fluid level does not interfere with it. The whole scene is quite dark which emphasises the logo. The logo is full on, not obscured or rotated. I would say this was not a pint of beer, but a pint of Boddingtons (it might not be of course!). Just like a Big Mac is not a generic hamburger if the logo is visible.

You are either going to exploit the brand values that the company has build up, or may of course damage it, if used in a negative way (to illustrate a drink drive campaign for example).

As a lay person, I would say it would infringe the copyright and would write to the owner and ask permission. Or shoot with a the logo obscured/missing.

Good luck

Graham

[swiftybilko]

Isn't it strange the way your mind works when composing a picture? I had no thought to the problems the prominent Boddies logo presented. I simple saw the light passing through the glass, the table, the dark background, and shot away.

I was very pleased with the result, and only then did the problem make itself apparent.

As Homer would say, "D'oh!"

To clear up another question, yes it was a lovely pint of creamy Boddingtons. Mmmm.

Thanks for helping guys.