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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography
Thread started 11 Mar 2017 (Saturday) 14:34
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TV producer wants to use my photo, but who owns the rights?

 
RDKirk
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Post has been last edited 11 months ago by RDKirk. 3 edits done in total.
Mar 15, 2017 11:07 |  #16

Alveric wrote in post #18299034 (external link)
Smart choice. What also PO'es me about these fellows is that they protect themselves like heck (nothing wrong with that), whilst leaving the onus entirely on the photographer (everything wrong with this!). If DC finds the use objectionable and sues, the telly fellows will simply point to the 'shooter' who will most likely not have an army of attorneys to counter DC's legal minions–in a nutshell: the photographer is raptus regaliter, whilst the TV people just do like Pilate.

No. The copyright infraction is always to the user, not the photographer. The responsibility is always on the user.

For instance, let's say an advertiser has a video clip from an amateur stage production that he wants to use. He may need several licenses--perhaps stage designer, costume designer, writer, and music composer as well as the videographer--if each of these persons retained his own copyright. None of those copyright holders is responsible for a failure of the user to have gathered all the licenses he needs.




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joedlh
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Mar 15, 2017 11:36 as a reply to RDKirk's post |  #17

You can copyright a car?

Are you sure it's not a trademark?


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OhLook
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Mar 15, 2017 11:58 |  #18

joedlh wrote in post #18301669 (external link)
You can copyright a car?

Are you sure it's not a trademark?

I wondered, too. The page that the OP linked to explains that the design of the car is copyrighted.


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joedlh
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Mar 15, 2017 12:00 |  #19

OhLook wrote in post #18301683 (external link)
I wondered, too. The page that the OP linked to explains that the design of the car is copyrighted.

You can't copyright a model either. But you can't use a model's photo commercially without a model release, or in this case a property release.


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Dan ­ Marchant
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Mar 18, 2017 22:24 |  #20

joedlh wrote in post #18301687 (external link)
You can't copyright a model either. But you can't use a model's photo commercially without a model release, or in this case a property release.

You can't use a model's image for commercial use (without permission) because various US states have right to privacy/publicity laws that require you get their permission (usually but not always in the form of a signed release).
There are no such laws for physical objects and as such no legal requirement for a property release for physical property. This includes commercial use. HSBC used a photo of a house in an advert for their insurance without the owners permission. The owner sued and lost. Also the TV companies use would be considered commentary/criticism not commercial use, so no release would be needed (if they existed).

You do need a property release for intellectual property (which is what they are actually for) such as Trademarks. The Batman bat logo would be an excellent example of that. However you can use IP in a non-commercial work provided that, for example, the use is incidental. Photographing a car that happened to have a logo on the front grill would be a good example of incidental use. Zooming in on the grill to fill the frame with the logo would not.


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RDKirk
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Mar 19, 2017 00:25 |  #21

Dan Marchant wrote in post #18304709 (external link)
You do need a property release for intellectual property (which is what they are actually for) such as Trademarks. The Batman bat logo would be an excellent example of that. However you can use IP in a non-commercial work provided that, for example, the use is incidental. Photographing a car that happened to have a logo on the front grill would be a good example of incidental use. Zooming in on the grill to fill the frame with the logo would not.

I think it's useful to think of it like this: "You can't trade on someone else's mark."

So if I'm creating an ad for a bottled water around the concept of "luxury" and used a Mercedes automobile as a prop to convey the idea of "luxury" in my photograph, I'm "trading on their mark."




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TV producer wants to use my photo, but who owns the rights?
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