Have a Legal Question

[AdamJT]

I was doing some photography work for a client and took a picture of a man in a nursing home doing rehab. The client loves the picture and would like to use it on the cover of a new brochure. After the design work was done and approved, I realized the man is wearing a hat bearing a university logo. Do you all think that this is a problem?

It can be photoshopped off, but I would rather not if I don't need to. Thanks for any help and advice.

[mikekelley]

Would the brochure be for editorial or commercial work? I'm assuming commercial, but...

[AdamJT]

For commercial work. Advertising for a nursing home.

[sandpiper]

I can't speak for the US, but over in the UK so long as the logo isn't an important part of the scene, it just happens to be in there as a minor incidental, there isn't a problem. Otherwise any picture that showed a car somewhere in it (for example) would likely have problem as the cars badge would be an issue.

More importantly though (and this is applicable in the US) do you have a model release for the man himself. If this is used commercially, you should have one to cover yourself.

[AdamJT]

Thanks. Yes it is minor, but in a prominent position. Yes we do have releases for all photos.

[ImCBParker]

Can you clone it out without taking away from the image?

[asysin2leads]

Can you clone it out without taking away from the image?

I would just clone it out, too, just to avoid any potential issues.....but that's just me.

[MJPhotos24]

Take it out in PS.

I'm in the middle of a case, not involving me directly, but photos where it was the same thing and a judge ruled in favor of the company with the logo on a helmet that was not airbrushed out. If it's already printed then contact the university and get permission before distribution.

[AdamJT]

Thanks everyone for the advice. Pretty much backing up what I thought, but sometimes its nice to get others opinions