Discussion:
What is the name of your state? Massachusetts
I have taken some photographs of custom-made candlesticks and Tzedaka boxes, and I wanted to sell them as stock photography. But I'm worried the craftsmen/designer could recognize their item in the photo. Is it legal to include crafts like this in the picture or even by itself if someone else owns that object or do you need permission of the company that sold it?
Thank you!
Answer:
What is the name of your state? Massachusetts
I have taken some photographs of custom-made candlesticks and Tzedaka boxes, and I wanted to sell them as stock photography. But I'm worried the craftsmen/designer could recognize their item in the photo. Is it legal to include crafts like this in the picture or even by itself if someone else owns that object or do you need permission of the company that sold it?
Thank you! From a copyright perspective, it's legal. If, however, the companies that make these products have registered a trademark in the design, or otherwise intend to enforce a trademark, then it is possible that your use of the pictures in the context described could be infringing. If the companies have websites, you could check to see if they claim any trademark protections for the candle and box designs, if they don't, you are probably okay, if they do, you'll need to ask permission.
All that said, it doesn't mean that they won't later try and do something, whether they have a leg to stand on or not, so you may want to try and obtain permission (written permission) up front. But in general, unless the companies have trademarked the DESIGN of their products -- and it is unlikely unless the design is distinctive to their company and is associated with their company -- you can take pictures of things you )or others own and use the pictures for whatever reason.