Discussion:
What is the name of your state? Nevada
I have a photo note card business. Can I use photographs of purchased objects (e.g., figurines, stuffed animals) for my cards or would this be
subject to copyright infringements? Most of these items are made in China and sold at local Dept. Stores. Some have the copyright logo and others do not.
Answer:
What is the name of your state? Nevada
I have a photo note card business. Can I use photographs of purchased objects (e.g., figurines, stuffed animals) for my cards or would this be
subject to copyright infringements? Most of these items are made in China and sold at local Dept. Stores. Some have the copyright logo and others do not. None of them have copyright logos.
However, some of them may have trademarks or servicemarks and you may not use photographs of them without written permission of the holder(s) of such marks.
Answer:
None of them have copyright logos. Why would you say that? You can copyright a sculpture, or other 3-D art object, just like any other copyright. For that matter, you can copyright a building in some cases!
But a photograph of a copyrighted sculture or other 3-D work may or may not be copyright infringement (it's specifically not infringement for a photograph of an architectural work, by statute). There is no "bright line" rule that will tell you what types and uses of photographs will and will not be infringing -- if the object you are photographing are relatively generic, then, from a practical standpoint, it may be that you just take the photos and see what happen. If the photographs are of objects that are well-known figurines or cartoon characters, then you will likely hear from the IP owners, especially if the objects are also covered by trademark, and SJ noted.
Answer:
Why would you say that? You can copyright a sculpture, or other 3-D art object, just like any other copyright. For that matter, you can copyright a building in some cases!
But a photograph of a copyrighted sculture or other 3-D work may or may not be copyright infringement (it's specifically not infringement for a photograph of an architectural work, by statute). There is no "bright line" rule that will tell you what types and uses of photographs will and will not be infringing -- if the object you are photographing are relatively generic, then, from a practical standpoint, it may be that you just take the photos and see what happen. If the photographs are of objects that are well-known figurines or cartoon characters, then you will likely hear from the IP owners, especially if the objects are also covered by trademark, and SJ noted. I stand corrected.