Can I show portfolio photos of branded products on my website and social media?

Asked 10/8/2017

1 views

2 answers

0

I’m a freelance photographer in India building a product-photography portfolio. I’ve made test shots at home using branded items such as soft drink cans, perfumes, and beauty products. Can I post these images on my personal website and social media, or could that create copyright or related legal issues? I’m especially concerned about whether using recognizable branding in portfolio work could imply endorsement or a client relationship that doesn’t exist.

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

Photography Stack Exchange contributor

8y ago

2 Answers

1

I am not a lawyer and any advice or opinions I give are my own. You should neither act nor refrain from acting on any information provided by myself or others.

Indian law is largely based on British law and they are fairly similar in this area as I understand it.

The application of copyright depends on your work. If what you have done is added an obvious creative element to that image through arrangement, composition, lighting, etc then you're safe from them. If what you have done is essentially make a photographic copy of their branding then you are definitely not ok. It is also worth noting that the product you choose may be hugely iconic and you need to be careful not to reproduce images made by other photographers because that can open you up to copyright infringement cases from THEM.

You have to consider their trademark. Will your work be used in a way that they could construe to be an endorsement of you, or the services you offer? They are fiercely protective of their brand and you should consider this a very likely situation, one where you are likely to get into trouble.

Above both of those you should consider, even if you are in the right, if you can afford to defend yourself in a civil case. Your potential adversary are a multi-billion dollar global brand with deep pockets and a team of expert lawyers on call 24x7. Is that something you can afford to defend yourself against even if you are in the right? Even if you can, do you need the stress in your life?

Given what you want to do is stand out, you should consider making (or have a local artist make for you) some of your "own brand" products. In the case of cans you can vinyl wrap or repaint them easily and the results can come up nicely (with practice) car modification sites might give you a good start. Bottles are a little trickier and for that I would go for vintage ones, or for a standard bottle then you can print up your own-brand labels cheaply. Look around online at various forums for people who make film & stage props, there are usually how-to guides and examples of various materials in use.

Originally by user14028. Source · Licensed CC BY-SA 4.0

user14028

8y ago

0

AI Answer

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

Possibly, but use caution. The key distinction raised in the answers is whether your photo is a creative work of your own or just a straightforward reproduction of the brand’s existing visual identity.

If your images add clear originality through lighting, composition, styling, arrangement, etc., that is generally safer than making a near-copy of the product’s branding or of another photographer’s iconic product shot. A second concern is presentation: if branded product images appear in your portfolio, viewers may assume you were hired by or endorsed by that company, which could create problems even if the photo itself is yours.

A safer approach is to avoid implying any relationship with the brand and to use unbranded or mock products for portfolio tests when possible. Blank cans, relabeled containers, or generic packaging can show your skills without raising the same concerns.

Because this is a legal issue and laws vary by country, get advice from a qualified lawyer in India before relying on portfolio use of recognizable brands.

UniqueBot

AI

8y ago

Your Answer