blog/photography copyrights

[markivan]

What is the name of your state (only U.S. law)? Ohio

I'm starting up a website that will have content across multiple websites. It's going to be tutorials geared toward people looking for chef instruction and 'chef-style' foods. Youtube, Blogger, Vimeo and so on will host the content. I've read their terms and they basically say that posting content that is yours 1000% (written, video, photo and audio) is the easiest way to avoid deleted content, violations and lawsuits and i got that. My question is with photography. I got myself a nice DSLR for taking pictures and i want better clarity on taking pictures of people and businesses. I'd like to lay out a couple of scenarios for discussion.

I go to a restaurant and take pictures of its exterior/interior with the intent of reviewing the establishment or view their food. (NOT their menus which, i believe, can be copyrighted) Would my photos be 'safe' in these circumstances?

How would photos of people in larger groups be handled? For an example, some kind of wide shot that shows off a dining room and there's no one individual person focused in on it, but there are many people there. And to confirm, for me to use a couple or an individual on my website, i'd need their permission, right?

Images of trademarked items for purposes of reviews and editorials. Like if i wanted to review a blender and took photos of it and its parts with a company's name across it but my purpose is to review it. Am i protected in some form?

The software for the camera i use allows me to imput comments, notes, timestamps, locations, copyrights and such into a photo that you can view if you right-clicked it and viewed its properties. It's kind of a person-to-person question i think, but would information like that be my way of proving to someone that i own a photo that might get into dispute?

I also created a logo that i will be using to brand the website and other things. I was confused because i think i read that i don't have to have a official registered trademarked logo to say, with legal protection behind me, that i own the logo. Is this true?

Thank you for your time in advance.

 

[quincy]

Ohio

I'm starting up a website that will have content across multiple websites. It's going to be tutorials geared toward people looking for chef instruction and 'chef-style' foods. Youtube, Blogger, Vimeo and so on will host the content. I've read their terms and they basically say that posting content that is yours 1000% (written, video, photo and audio) is the easiest way to avoid deleted content, violations and lawsuits and i got that. My question is with photography. I got myself a nice DSLR for taking pictures and i want better clarity on taking pictures of people and businesses. I'd like to lay out a couple of scenarios for discussion.

I go to a restaurant and take pictures of its exterior/interior with the intent of reviewing the establishment or view their food. (NOT their menus which, i believe, can be copyrighted) Would my photos be 'safe' in these circumstances?

If the restaurant does not object to you taking photos inside their restaurant, then you can take photos of the interior of the establishment and the food. You can take photos of the exterior. These can all be published for the purpose of a review. You should not use the trademarked name of the restaurant to advertise your blog or to in any way confuse consumers into thinking that your blog is sponsored by the establishment or that the establishment endorses you or your blog or has any connection to your blog. The use of the establishment's name to describe the establishment is legally allowed.

How would photos of people in larger groups be handled? For an example, some kind of wide shot that shows off a dining room and there's no one individual person focused in on it, but there are many people there. And to confirm, for me to use a couple or an individual on my website, i'd need their permission, right?

Large groups of people can be photographed and the photographs published, again as long as the restaurant allows for photo-taking in their establishment and the people being photographed do not object. It is always wisest to get permission to take a person's photo before taking it. You will NEED to get written, signed consent to publish any photo of an individual or a couple or a person who is focused on in a group photo, if you wish to avoid a right-to-publicity/right-of-privacy action. Whenever you publish content that includes recognizable, identifiable people, you run a greater risk of a legal action being taken against you - for the simple fact that people can sue and often do, sometimes for the silliest of reasons.

Images of trademarked items for purposes of reviews and editorials. Like if i wanted to review a blender and took photos of it and its parts with a company's name across it but my purpose is to review it. Am i protected in some form?

You can take a look at "Consumers Reports" to see how they handle photographing trademarked products, trademarks and logos. For purposes of review, you can photograph products and identify them with their trademarked name and logo - however, the same warnings apply. You should NOT let consumers believe you are connected in any way with these trademarked companies. You must restrict the use of trademarks to your reviews and not as a promotional tool for your blog or in your blog advertising.

The software for the camera i use allows me to imput comments, notes, timestamps, locations, copyrights and such into a photo that you can view if you right-clicked it and viewed its properties. It's kind of a person-to-person question i think, but would information like that be my way of proving to someone that i own a photo that might get into dispute?

The best protection for your copyrighted photos is to register them with the Copyright Office. If any registered photo is infringed, the registration allows for you to collect statutory damages ($750 to $30,000 per infringement) - without statutory damages, suing for infringement often does not make financial sense, as you have to prove losses or infringer profits. These can be negligible.

I also created a logo that i will be using to brand the website and other things. I was confused because i think i read that i don't have to have a official registered trademarked logo to say, with legal protection behind me, that i own the logo. Is this true?

You do not have to register a logo. The trademark protection in your logo comes from its use in commerce and not from the registration. If your logo is creative and original enough, it may also be copyright-protected and eligible for copyright registration, as well. Again, registration is not required for either copyrighted material or trademarks and logos - registration just provides added benefits and, in the case of copyright law, registration is required before you can file an infringement suit.

You seem to understand the laws pretty well already, which is good. You could still find a review by a publishing law expert, of your blog plans and sample content, helpful. Having an attorney in your area review your exact blog set-up now can save you legal headaches later on.

You might also seriously consider insurance to cover your blog postings, in the event something you publish spawns a lawsuit.

Two final suggestions: One, you might want to have on hand a "StyleBook" (the Associated Press Stylebook is a good one). In addition to being a guide on good writing (grammar, spelling, punctuation), stylebooks usually include a brief section on the laws that most concern writers. And, two, you might want to visit the following Knight Citizen News Network website - http://www.kcnn.org - and check out the content. There is a "legal risks" module (click on the word "module" on the home page banner and then scroll down for "10 Legal Risks") that has some important information for online writers to help them avoid a lawsuit. I recommend it.

Good luck with your tutorials.