CO-
Hello,
Im not sure if this is the right section; but my question does involve online clothing stores and their photos.
I am starting a blog where I would archive/Catalogue old photos of clothing. Specifically from a known avant garde designer, Yohji Yamamoto. I would archive his old collections o nto my blog and instagram. This would allow people to learn more about his past collections and more about design.
I won't be making any money through this. Though, in the future; i plan on monetizing my blog one way or another.
Thank you,
BB.
The photographers who take fashion photos will (generally) hold all copyrights in the photographs they take. Depending on how you use the photographs, then, you could be infringing on the rights of these photographers and possibly infringing on the designer's trademarks.
That said, for illustrative purposes, it can be possible to use a photograph to accompany critiques or criticisms or for educational purposes. These uses could fall under the US fair use doctrine (although fair use is not a right to use copyrighted material but rather a defense to copyright infringement, should you be sued over your use).
I suggest you run your blog idea by an IP attorney in your area for a personal review of your intended use of the fashion photographs to see what s/he says. Displaying collections could be legally problematic as blogs and websites have been sued in the past by fashion designers and fashion photographers over fashion designs and photos displayed on these sites.
Here is a link to the
Photography Blog with information from fashion photographer Per Zennstrom, who has included with his contribution to the Blog his correspondence with infringers of his photographs, and his demands for licensing fees to compensate him for the unauthorized uses of his photographs:
http://www.fashionphotographyblog.com/2015/01/how-to-deal-with-copyright-infringement/
You are always safest to first discover who holds copyrights in the photos and then, second, seek out permission from the copyright holder to use the photographs for your blog. Or you can take your own photographs of designer clothes and use your own photos to illustrate your blog post discussions of fashion, as long as you are careful not to infringe on trademark rights in the process.
