Photography Rights Question

[johnfisher9980]

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

I am taking several photos that are to be sold as artwork either in a gallery booklet or as separate prints. In some of these photos I would like to use a mannequin that is dressed in different clothing and attire (such as shirts, sunglasses, etc).

1) Can I safely use a mannequin, or could the manufacturer of the mannequin take issue if they recognized the mannequin?

2) Can I safely use any brand of clothing or attire on the mannequin in the pictures as long as no logos are shown?

 

[quincy]

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

I am taking several photos that are to be sold as artwork either in a gallery booklet or as separate prints. In some of these photos I would like to use a mannequin that is dressed in different clothing and attire (such as shirts, sunglasses, etc).

1) Can I safely use a mannequin, or could the manufacturer of the mannequin take issue if they recognized the mannequin?

2) Can I safely use any brand of clothing or attire on the mannequin in the pictures as long as no logos are shown?

Two issues, one is trademark and one is copyright:

You can photograph mannequins wearing various styles of clothing. You do not want to imply in your photographs that any trademark holder endorses, sponsors or is in any way connected with your photographs if they are not. In other words, do not focus on trademarks as a way to promote your photographs.

You need to make sure that the mannequins you are using are not sculptural mannequins that are copyright-protected due to their creative and artistic elements.

Here is a link to a case to refer to: http://www.seattlecopyrightwatch.com/RPM Displays v. Oz Mannequins NDNY.pdf

 

[johnfisher9980]

Thanks

Thanks Quincy that makes sense. My main concern would be the manufacturer of the mannequin or the apparel manufacturers seeing what they believe are their products in a print or booklet that was making a lot of money and believing that they are owed compensation for whatever reason because their products are being used to make money (again no logos or writing anywhere). Do you think a claim like that would hold up?

Also, I couldnt get your link to work?

 

[quincy]

Thanks Quincy that makes sense. My main concern would be the manufacturer of the mannequin or the apparel manufacturers seeing what they believe are their products in a print or booklet that was making a lot of money and believing that they are owed compensation for whatever reason because their products are being used to make money (again no logos or writing anywhere). Do you think a claim like that would hold up?

I really can't tell you whether a claim over your photographs would hold up or not - if one is even pursued against you. It depends on a lot of different factors, including the litigiousness of any rights-holder.

I can tell you that a photographer is allowed to photograph real people wearing brand name clothing and the trademark holder would generally have no supportable claim unless the photographs were to focus on the logo or trade off the trademark holder's reputation as a way to promote the photos. A photography book with only Oleg Cassini designs, for example, would probably attract unwanted legal attention. A photography book of different fashions from, say, the 60s, probably would be okay.

Mannequins, however, can be a bit trickier in that they can be copyright-protected if there is enough originality and creativity involved, just as any sculpture can be protected. In the case of a copyright protected mannequin, you run risks in reproducing the sculpture in your photographs because you would be making a derivative of the original artist's copyrighted work.

You might want to have the specifics - the mannequins you will be using, the clothing you will be using and how it will be photographed - reviewed by an IP attorney in your area. And you can always seek out and acquire permission from any and all rights-holders whose fashions and mannequins you wish to display in your photos and book, to completely eliminate any threat of a lawsuit.

Good luck.


(sorry about the link - I really am bad at posting them right the first time - but I did some editing so it should work now)

 

[johnfisher9980]

Thanks

Thanks a lot for the input, Ill definitely keep all of that in mind.

 

[quincy]

Thanks a lot for the input, Ill definitely keep all of that in mind.

You're welcome, johnfisher9980. Thank you for the thanks.

I wish you good luck with your photography books and photo sales.