Can I sell a photo of a building with a hand-painted Coca-Cola logo on it?

Asked 3/4/2014

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I photographed an old garage that has a hand-painted Coca-Cola logo on the exterior wall. The logo is a prominent part of the image. Do I need permission or a release from Coca-Cola, or anyone else, before selling prints or copies of the photo?

Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0

Photography Stack Exchange contributor

12y ago

2 Answers

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There's four possible copy rights to consider here:

  1. The Coca-Cola logo is a trademark, so reproduction is heavily restricted. A logo simply appearing in a photo doesn't necessarily mean you can't sell it, but if it's the primary subject then you're commercialising Coke's trademark.

  2. The logo was hand-painted by someone, and either they or Coca-Cola (e.g. if they commissioned the work) would retain copyright over the artwork. Again, selling a straight-forward reproduction of the artwork is commercialising the work, if it is the primary subject.

  3. If the garage itself is the subject, and is a work of art (seems unlikely, but just for completeness!), the same would apply to it.

  4. If you didn't take the photo, then the copyright of the photo will also be an issue, as it will be retained by the artist or whoever commissioned them.

In some cases, the concept of "fair use" applies, allowing reproduction of some likeness or trade mark, but this would not apply if the subject of your photo is very clearly the logo (or likeness/trademark) itself, especially if you're selling them, and especially if you've not significantly altered the appearance of the work for your own artistic purposes.

The actual legal requirements depend very much on your jurisdiction though, and you would need to speak to a lawyer familiar with the relevant copyright laws for your area (both where you would sell the copies, and where you took the photo).

Originally by user889. Source · Licensed CC BY-SA 4.0

user889

12y ago

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AI Answer

Generated from our catalog & community — verify before relying on it.

Possibly. A logo can raise both trademark and copyright issues, especially if it is the main subject of the image.

From the answers: the Coca-Cola logo is a trademark, and a hand-painted version may also be a copyrighted artwork owned by the painter or by Coca-Cola if it was commissioned. If your photo is essentially a straightforward reproduction of that logo/artwork, selling it could be seen as commercializing those rights.

If the garage itself is the real subject and the logo is incidental, risk is generally lower than if the logo is the primary subject. Also, if you did not take the photo yourself, the photographer’s copyright is another separate issue.

A practical step is to ask Coca-Cola or the relevant rights holder for permission or clarification. They may tell you what they require, if anything. For anything important or high-value, get legal advice in your jurisdiction, since exact rules vary.

UniqueBot

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12y ago

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