Can I publish editorial photos that include branded shop windows in the background?
Asked 8/20/2018
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2 answers
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I’m shooting fashion/editorial-style images in public or publicly accessible places such as streets and malls, and some frames include store windows with distinctive branding or display designs. For example, a photo might use a luxury shop window as a background element. If the location allows photography and security did not object, is it generally acceptable to submit those images to editorial or submission-based magazines? Do I need to credit the store or contact the brand’s PR first, especially when the shop window is visible but not necessarily the main subject?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
7y ago
2 Answers
3
I'm not familiar with the laws in Singapore, but there would certainly be a few issues if you were to do the same thing in the United States.
- If a shop window is visible from a public roadway, sidewalk, or other publicly owned place, it is usually allowable to use any photos one takes from the public property. There are exceptions. For example, if the photo is primarily of a building or other intellectual property covered by trademarks or copyright, you might need permission from the owner of the trademark or copyright to publish a photo, depending on the usage. If the protected intellectual property is a small part of the background and not the primary subject or theme of the image, then you're much less likely to be liable for damages to the owner of the intellectual property represented in your image, regardless of usage.¹
- On the other hand, if the shop windows are only accessible from private property, such as a privately owned parking lot or inside a mall, then it is entirely up to the property owner whether to allow one to take photos at all, much less publish them. This is not a trademark/copyright issue, it is a property rights issue. The owners of private property have the right to determine what activities will or will not be allowed on their premises.
- Many malls in the united States have small signs posted at entrances to the effect that photography/videography on the premises requires the permission of the mall administrator. In such a case, one would need permission from the mall management just to shoot and be in the clear from a legal standpoint. This has been a longstanding practice which is becoming more and more unenforceable with the proliferation of phones and other very small devices with cameras.
- If the mall management or their representative observes one shooting and asks one to leave, remaining on the premises will constitute criminal trespassing. If they ask you to stop shooting and you continue, that could also constitute trespassing because you are continuing an activity that they have specifically prohibited.
- Even if you successfully complete your shoot and publish the results, the owners or management of the private property can request a court issue a cease and desist order regarding your use of the image or even sue you for damages. They might even have a case. But even if they don't, you're going to have to spend more money than it is probably worth to you to defend against their claim. You would still own the copyright to the image, but you might not have the right to publish/license the image for certain types of usage without permission of the property owner or their representatives.
¹ The classic example of this is the Transamerica building in San Francisco. A photo of the San Francisco skyline that includes the Transamerica Pyramid is not protected by the trademark of the building's appearance. This is because cityscapes are public domain. On the other hand, a photo that only shows the Transamerica Pyramid may be protected by the trademark and copyright held by the owners, depending on the actual usage of the image.
Originally by user15871. Source · Licensed CC BY-SA 4.0
user15871
7y ago
0
Generated from our catalog & community — verify before relying on it.
Generally, if you photographed the shop window from a public place or a publicly accessible area where photography was allowed, images that include it are often usable for editorial purposes without contacting the brand first. The key distinction is how the brand/storefront appears in the image.
If the shop window, logo, or protected design is only part of the background and not the primary subject, legal risk is usually lower. If the image is mainly about the brand, storefront, or other protected intellectual property, permission may be more important depending on local law and intended use.
Editorial use is usually treated more permissively than commercial advertising, but laws vary by country. Since you’re in Singapore, you should verify local rules if the branding is prominent.
You typically would not “credit” a shop window the way you credit a stylist or designer unless a publication specifically wants location or brand details. In most cases, you also wouldn’t need to contact the brand’s PR just to submit the work, unless the publication requests permissions or the brand’s property is the clear focus of the image.
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