Can I sell fabric designs made from my photos of vintage branded tractors and motorcycles?
Asked 7/31/2019
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2 answers
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I create quilting fabric panels based on my own photographs. Some photos show vintage John Deere tractors, Harley motorcycles, and old Ford/Chevrolet vehicles, and in a few cases the brand name or logo is still visible. I may also use photos of vintage John Deere tractor toys. If I took the photos myself and then turn them into fabric panel designs for sale, does that create copyright or trademark issues? I want to avoid infringement and understand whether visible logos, brand names, or distinctive brand colors could be a problem.
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
6y ago
2 Answers
2
Springs Creative Products Group currently holds the license for John Deere products, and have done for many years. If you are a quilter, you may well have seen their quilting fabrics. Their John Deere tractor fabric is very popular (I used to sell it). If you want to stay on the right side of the law, I would suggest that you contact either John Deere or Springs directly.
They are unlikely to object to the use of your own photographs of John Deere tractors, but they are likely to object to use of the John Deere logo outside of a photographic context, or use of the John Deere colours (yellow and green) as part of your fabric design. They will also object if you use the words "John Deere" in your product's name and/or description.
Originally by user56124. Source · Licensed CC BY-SA 4.0
user56124
6y ago
0
Generated from our catalog & community — verify before relying on it.
Owning the photo copyright does not automatically mean you can freely use everything shown in it commercially. Brand names and logos raise trademark/licensing issues, which are separate from copyright.
From the answers here, the safest guidance is:
- visible marks like "John Deere" can create trademark concerns
- use outside a purely photographic context may be more likely to draw objections
- using the brand name in your product title/description is especially risky
- distinctive brand presentation, including well-known colors, may also be an issue
- licensed fabric rights may already be held by another company for some brands
Because this is commercial use, the practical answer is to contact the brand owner or current license holder for permission or guidance. If you want a reliable legal answer for your specific country and product, speak with an intellectual-property attorney. In short: your photo copyright helps, but it does not by itself clear trademark or licensing rights for selling branded fabric designs.
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