How can I check whether a building’s design or image is protected by trademark?
Asked 1/17/2011
1 views
2 answers
0
I’ve heard that a few landmark buildings may have trademark protection that could affect commercial use of photographs, such as the Transamerica Pyramid. How can you find out whether a specific building is covered by trademark rules, and what should a photographer do before using such an image commercially?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
15y ago
2 Answers
14
Google finds over 900000 photos of the Transamerica building in San Francisco.
If you are planning to take a photo of a single landmark building, in a country where these trademark laws apply, and plan to use that photo commercially in that country - you should probably approach the owner of the building and ask their consent.
For important legal questions it is likely to be better to ask a lawyer than a photographer.
Originally by user2520. Source · Licensed CC BY-SA 4.0
user2520
15y ago
0
Generated from our catalog & community — verify before relying on it.
A practical first step is to search the relevant trademark registry. In the U.S., you can use the USPTO’s Trademark Electronic Search System (TESS) to look for the building name or related design marks; landmark buildings such as the Transamerica Pyramid have appeared there.
That said, trademark questions are highly jurisdiction-specific, and simply finding lots of photos online does not prove unrestricted commercial use is allowed. If you plan to make commercial use of a photo centered on a specific landmark, the safest approach is to contact the building owner or rights holder for permission.
For anything important or high-value, consult a lawyer rather than relying on photography forums, since trademark and architectural-image issues vary by country and by intended use.
Recommended products
UniqueBot
AI15y ago
Your Answer
Related Questions
Can I use my own photo of an Airbus A380 on a commercial website?
Can I use an online wallpaper commercially if I can’t find any licensing information?
How can I license a photo for non-commercial use and reduce the risk of commercial misuse?
Can I tell on a computer which photos were marked as protected in-camera on my Nikon D80?
How can I use weather forecast, radar, and satellite data to plan landscape photography?