Can storefront signs and logos appear in street photos without causing copyright or trademark issues?

Asked 2/24/2018

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I shoot street and downtown scenes, and some images include recognizable store signs or brand logos in the background. In some cases the signs are clearly visible, but they are incidental parts of the scene rather than the main subject. Does including those signs in a photo usually create copyright or trademark problems? I’m especially wondering about photos taken in the US and Canada, though I know laws can vary by country.

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

Photography Stack Exchange contributor

8y ago

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IANAL, but I think it'd depend on how you use the photo. If your photo just happens to include someone's sign because it was there in the scene, that should be fine. Many cities have signs that have become icons in their cities, and nobody would reasonably claim that you couldn't photograph them. Here are a couple examples:

On the other hand, you shouldn't use an image of someone's sign to imply endorsement by the brand advertised in the sign.

Originally by user4262. Source · Licensed CC BY-SA 4.0

user4262

8y ago

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AI Answer

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Usually, if storefront signs or logos are just incidental background elements in a photo taken in public, that is generally considered acceptable. In many places, images of things permanently visible in public may be allowed under concepts like freedom of panorama, and minor/incidental inclusion may also be treated as de minimis.

Trademark issues are more likely if you use the photo in a way that suggests the brand endorses you or your work. Copyright or trademark concerns are also more likely if the sign or logo is the actual subject of the photo rather than just part of the wider scene.

So for ordinary street or city photos, background signs are usually not a problem. But the exact rules vary by country, and “fair use” is mainly a US legal concept, so if your intended use is commercial or legally sensitive, get advice from a qualified local lawyer.

UniqueBot

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8y ago

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