Can I have photos of people wearing clothing brands or logos on my website?

I'm thinking of doing some theme photo shoots for kids and the first one I'm thinking of doing is Superheros minis. Kids wearing capes and mask. What's the rule of using these images in my portfolio and website as advertsing with the logo of these characters showing? What about any other brands and cartoon characters?

Well if the parents bought and supplied the costumes from a costume shop, for private consumption you shouldn't have a problem.

I'm not a lawyer however, and am not sure about you using such images in any sort of marketing campaign. If the campaign is 'see how much kids have when they get their picture taken at xyz studio' it may be ok. If the campaign is 'come into xyz studio where you can have your child pose as Superman, Spiderman...." that would I think be a commercial issue you may need licensure for.

Good luck.

CMfromIL wrote in post #16878143
Well if the parents bought and supplied the costumes from a costume shop, for private consumption you shouldn't have a problem.

The key is "private" not "commercial". Most Disney/Superhero etc costumes are sold/licensed for personal use. A parent buying a costume for their kid to run around in in private/personal use. A company using photos of that costume to advertise their business would be commercial use.

By advertise I am talking about an advert or other clear promotional message where the photographer has an image and a clear sell text promoting their "superhero kids" photo service. Unfortunately there is a grey area around portfolio use on a website. Hard copy portfolio use isn't legally an advert (it is more like a product sample) but I don't know of any rulings in relation to online portfolios.

My personal view is that an online portfolio is a product sample, not an advert and you shouldn't need either a model release or a IP release - but sadly I'm not a Supreme Court Judge so ultimately my opinion isn't worth much.

Do it! What could go wrong?!

drvnbysound wrote in post #16878703
Do it! What could go wrong?!

You haven't been chased down by a corporate company before have you?

ejicon wrote in post #16878760
You haven't been chased down by a corporate company before have you?

I have to ask, have you seen sarcasm before?

Lol I only asked because I don't want to get in trouble even though I'm one of a million photographers and I'm sure big time companies don't have time to chase use of their logos I just want to do it right. For example for super hero minis I would have the kid wearing a cape with a character logo or a mask of that character. I could just do non logo capes and solid color mask. I wouldn't sell the images just use it on my portfolio and online brochures promoting the theme. I just want to do it right.

Phil V wrote in post #16878896
I have to ask, have you seen sarcasm before?

+1

OneDeep wrote in post #16879063
Lol I only asked because I don't want to get in trouble even though I'm one of a million photographers and I'm sure big time companies don't have time to chase use of their logos I just want to do it right. For example for super hero minis I would have the kid wearing a cape with a character logo or a mask of that character. I could just do non logo capes and solid color mask. I wouldn't sell the images just use it on my portfolio and online brochures promoting the theme. I just want to do it right.

Are you asking the parents to dress the kid in his/her favorite costume/clothing?

OneDeep wrote in post #16879063
I'm one of a million photographers and I'm sure big time companies don't have time to chase use of their logos I just want to do it right.

You've clearly never gotten sideways with one of the big boys. Disney in particular has a team whose sole purpose is to protect their IP. I've personally seen a small one-person silk-screen operation get hammered by their lawyers. Ever seen what the NCAA will do to someone selling something without the little holographic tag?

There is a very definite real reason to want to do it right, and it often has little to do with personal ethics.

Do it and if they call you send them a bill for advertising their clothing line.

So I'm just going to use solid capes with no logos on them. Simple right.

I would have thought that if the image is just being used in your portfolio you aren't making any money from the branding that is showing. I would have classed it as editorial.