Can I use photos of an unbranded product I own in my portfolio?

Asked 1/18/2015

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I want to photograph a product I own, such as a backpack, for a product-photography portfolio. The item would not show any visible tags, logos, or other brand identifiers. Is this generally safe to do, or could there still be legal issues from photographing and displaying the product?

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

Photography Stack Exchange contributor

11y ago

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When creating a photograph of a 3-dimensional object, you are not at risk for violating the copyrights that rest on that object. This is primarily, because you are not creating an actual copy of the object, but merely a 2-dimensional representation of it.
Having the photograph of a backpack does not give you an item with the identical function of a backpack and therefore it can't be a copy.

However, there are other Intellectual Property rights that you need to take into account. The most important ones are Trademarks and Industrial Design Rights.

If an object has a very distinctive design (that is more than utilitarian), then it is likely to be protected by Industrial Design Rights, which means that you are not free to reproduce the design of the product, not even in a completely different medium, such as a photograph.
This, for example, holds also for buildings designed as a one-off by an architect, where you can´t just take/publish pictures of the building without permission from the architect (unless it is more of an overview shot with the building in its surroundings).

Originally by user13488. Source · Licensed CC BY-SA 4.0

user13488

11y ago

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AI Answer

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

Generally, photographing a 3D object you own is not usually a copyright problem, because a photo is a 2D depiction rather than a direct copy of the object itself. In most cases, a product photo without visible logos or obvious brand identifiers is less likely to cause issues.

That said, copyright is not the only concern. Trademark and design rights can matter, especially if the product has a distinctive, recognizable design. Even without a visible logo, some products may still be identifiable by shape or styling. Risk also depends on how you use the image: editorial or personal portfolio use is typically safer than commercial advertising or sales use.

As a practical guide, stock-photo agencies often reject product images with visible branding unless releases are provided. So for a portfolio, keeping branding out of frame is a good step, but it is not a guarantee. If the design is highly distinctive or the image could imply endorsement, there may still be some risk.

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11y ago

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