Copyright and images of products

[tin7]

Hi,

Suppose I take a photograph which includes a product, let's say for example a bottle of Coca-Cola, and attach a Creative Commons Attribution-Non-Derivative license to it, is this ok? I understand that the Coca Cola Company would have some rights given the fact that they own the design of the bottle, the logo, etc, but does this in any way effect the Creative Commons licence that I have released this photo under.

Furthermore, if somebody uses my image on their webpage, and Coca-Cola decides to go after them because of the way they use this image (for example they display the image and put text underneath saying "This product is toxic and causes cancer"), can I be in any way responsible for the way in which my image was used? (My guess here is "Absolutely not", but I just wanted to check). Can I be liable for having "distributed" an unauthorized image of their product? Can they force me to take the image off my web page?

Thanks,
TinWhat is the name of your state (only U.S. law)?

 

[FlyingRon]

The name Coke, Coca-Cola, and the classic coke bottle shape (designed by world renowned designer Raymond Loewy) are all TRADEMARKS of the Coca-Cola company. Your image may or may not give you copyright rights to it.
If coke asserts you are violating the trademark (depends on use) then you can expect trouble. I doubt seriously that if someone uses your picture to infringe on Coke's mark that they will come after you (there's really no point).

While the DMCA doesn't provide any mechanism to force takedowns for trademark violations, many providers (in some cases, intentionally) misinterpret the law to extend it to trademark issues. However, that's more of a "worry about it when it happens" thing.