Can I show branded product photos in my portfolio without the company’s permission?
Asked 4/14/2021
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2 answers
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I’m building a personal portfolio to show my product photography skills and want to photograph a skincare product with visible branding/logo. I’m in the U.S. and would not be hired by or affiliated with the company. Can I generally publish those images on my portfolio site without permission, and are there any practical risks or things I should avoid?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
5y ago
2 Answers
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The standard "I am not a lawyer; don't rely on legal advice from strangers on the internet" disclaimer applies.
Generally, you are legally allowed to photograph products and their logos in the U.S., and publish those photos on your website.
Avoid things that imply: endorsement by the company or the trademark owner; commissioning of your photo by the company; or really, any relationship whatsoever. Also avoid somehow showing the products or the marks that can be construed as maliciously false or damaging to them, etc. Anything like that would expose you to tort claims.
Of course, the company is not prevented from filing suit against you, even if the suit has little or no merit – SLAPP (strategic lawsuits against public participation) suits are an example of this type of action (although usually, it's to silence criticism of the company, and are less often about photographs). Often times, the artist/photographer/writer settles such suits, even though they are not in violation of any laws; the cost of responding to and fighting such suits is more than the creator is willing to spend. (In those cases, often "settlement" is just agreeing to a cease-and-desist, i.e., removal/unpublication of the photo(s).) So the suits are effective in achieving their goal, even though they are never heard in court.
Originally by user11924. Source · Licensed CC BY-SA 4.0
user11924
5y ago
0
Generated from our catalog & community — verify before relying on it.
In the U.S., you can generally photograph products and visible logos and publish those photos on your own website. The main practical issue is not copyright so much as avoiding any suggestion that the brand endorsed you, hired you, or has any relationship with you.
So if you do this, present it clearly as self-initiated portfolio work, not client work. Avoid misleading captions, layouts, or branding that could imply endorsement or sponsorship. Also avoid using the product or logo in a false, defamatory, or damaging way.
That said, only a lawyer can give legal advice. Even if your use is likely lawful, a company could still complain, send a takedown request, or file a weak lawsuit, which can still create hassle and expense.
There’s also a portfolio concern: viewers may see branded product shots as spec work rather than real commissioned work, so make sure the presentation is honest and professional.
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