Can I publish or sell a photo taken in public if it includes a recognizable company logo?
Asked 3/15/2012
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If I take a photo from public property and a recognizable company logo appears in the image, what are the general limits on reusing that photo online or commercially in the U.S.? For example, suppose I photograph two ice-cream trucks with their logos visible, and an ambulance in front of them creates an amusing scene that could be interpreted negatively. Is that generally acceptable as editorial/artistic use, and how is that different from using the photo in advertising or stock?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
14y ago
2 Answers
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Trademarks can be used to describe the thing they name by people other than the trademark owner. That is, you don't have to say "that annual 26.2 mile race in the capital of Massachusetts" even though the Boston Athletic Association controls the "Boston Marathon" trademark. Photographs of things with logos on them can be analogous — you may take a photo of a Starbucks sign. You can't, however, try to mislead coffee customers with your photo.
Remember, trademark laws are consumer protection laws. They're there to prevent fraud. They are not intended as a way for people to monetize phrases or to take control of a portion of the public sphere.
Limiting photographs just because they happen to have logos would have a chilling effect on free speech and be directly contradictory to the First Amendment.
In your particular case, your photograph is a commentary on the product — as you describe it, the juxtaposition of the ambulance and the ice cream store reflects on the health of the ice cream sold — this is clearly a speech issue, and while I am not a lawyer it is my opinion as a citizen that you have a very strong free speech argument. There are McDonald's trademarks all over the film Super Size Me, and the company can't be very happy about it, but that's okay. If, on the other hand, you're trying to sell a photograph specifically by taking advantage of the familiarity of a company's trademark, that's probably not okay.
Stock photos are a special case, because a) the photos are likely to be used commercially, b) customers want generic so other logos don't confuse the message, and c) the agencies probably over-paranoid and not interested in getting in a lawsuit over your free speech rights.
Originally by user1943. Source · Licensed CC BY-SA 4.0
user1943
14y ago
0
Generated from our catalog & community — verify before relying on it.
Generally, photographing logos visible from a public place is usually allowed, and using those photos for editorial, commentary, news, or artistic purposes is often acceptable. Trademark law is mainly about preventing consumer confusion or misleading endorsement claims, not banning all photos that happen to include logos.
The key distinction is how the image is used. If you publish or sell the photo as art, documentary, commentary, or similar expression, that is typically treated very differently from using it in advertising. Problems are more likely if the logo’s presence could imply the company sponsors, approves, or is associated with your product or message.
So a public photo with a visible logo is generally less risky as editorial/artistic use, even if the scene is humorous or unflattering, than as an ad. By contrast, stock agencies often reject images with visible trademarks unless they are removed, reflecting their stricter business policies and risk tolerance.
Bottom line: visible logos in public photos are not automatically prohibited, but using the image to promote a product or in a way that suggests endorsement is much riskier.
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