Publishing photos in a book

[Tadtv]

Do I need legal permission from owner to publish a book with photos of city fire trucks or civilian private planes? How about a TV truck with a station logo on it? Thanks

 

[TheGeekess]

Do I need legal permission from owner to publish a book with photos of city fire trucks or civilian private planes? How about a TV truck with a station logo on it? Thanks

What US state?

Did you take the photos yourself?

 

[Tadtv]

What US state?

Did you take the photos yourself?

California is where photos were taken and I took them myself. Some on airport property and some as an employee working with lots of time to hurry up and wait.

 

[justalayman]

given they were taken from restricted property, you should seek permission from the owner of the building, especially the airport pictures. Unless you had permission to take pictures, what you did could be problematic in itself.

 

[Tadtv]

I'm a little unclear of who to ask permission from. Here's a more specific example.

A Boeing business jet, owned by a aviation company, leased by a company with a logo on it. Parked on leased airport property by the aviation company to which I am working for. Do I need permission and a release from
Boeing? Or just take off any boeing markings?
Do I need release or permission from the logo owner/leasee
Do I need release or permission from actual Owner of the aircraft for which I am working and allowed access to the interior of the aircraft.

Usage would be for a picture book with facts or childrens book about the plane model type Thanks

 

[quincy]

I'm a little unclear of who to ask permission from. Here's a more specific example.

A Boeing business jet, owned by a aviation company, leased by a company with a logo on it. Parked on leased airport property by the aviation company to which I am working for. Do I need permission and a release from
Boeing? Or just take off any boeing markings?
Do I need release or permission from the logo owner/leasee
Do I need release or permission from actual Owner of the aircraft for which I am working and allowed access to the interior of the aircraft.

Usage would be for a picture book with facts or childrens book about the plane model type Thanks

A generic exterior photo of an airplane can be used for a picture book but the company's logo on the plane could present a problem, and the photos of the interior of the plane could present a problem, IF the company sees it as a problem.

Because the company may not see any problem at all with photos of the plane being used in a picture book and, on the contrary, may welcome its logo appearing in a picture book for children (depending, of course, on the text of the book and what you have to say about the plane model type), you would be smart to seek permission from the company whose logo appears. This helps to eliminate legal risk.

If permission to use the photos is not granted, you may wish to photoshop the company logo out of the picture or take photos of planes without company logos displayed.

And, if you are publishing a book, you should have the completed manuscript with photos reviewed by an attorney or publishing law professional prior to publication. This is advised for all books - to help locate any areas that are problematic so they can be edited appropriately.

Good luck.

 

[Tadtv]

Thanks for that. And what about the manufacturer Boeing? Does that matter? Even if I remove any Boeing lettering, the plane is obviously still recognizable as a Boeing product.

Another question. If I take these still photos with my own equipment while on the clock as a video camera person, does the company have any rights to the photos? 1. Photos of their property? Or 2. Photos of someone else's property? Would shooting video make a difference. Since I am in stand by mode, I would not be interfering with my job duties. Thanks

 

[quincy]

Thanks for that. And what about the manufacturer Boeing? Does that matter? Even if I remove any Boeing lettering, the plane is obviously still recognizable as a Boeing product.

Another question. If I take these still photos with my own equipment while on the clock as a video camera person, does the company have any rights to the photos? 1. Photos of their property? Or 2. Photos of someone else's property? Would shooting video make a difference. Since I am in stand by mode, I would not be interfering with my job duties. Thanks

As to your second set of questions, these would depend on the description of your job position duties and on any contract you have with your employer. If you work for your employer as a photographer/videographer and you are taking photos or videos while technically on your employer's time, the photos and videos could potentially be argued as connected to your job duties, and the employer could potentially argue he has a legitimate claim to the rights in the resulting works. Or your employer could make your life miserable attempting to assert rights that do not rightfully belong to him. It will depend on the facts.

These questions are best answered and the facts best reviewed by an attorney in your area, who can personally look over your contract and its terms and assess your specific position with your particular employer.

You can legally take photographs of airplanes or cars or construction equipment that show their trademarks (as long as you don't violate any laws to get the photos) but, if you intend to make a commercial product (like your book) using these photos of trademarked products, you should get permission from the trademark holder first.

You can never tell in advance what a rights-holder may object to and what might spur a rights-holder to take legal action. You also can't tell in advance what might please or excite a rights-holder.

Because trademark holders must police the market themselves and guard their rights in their own trademarks, or risk losing these rights altogether, many rights-holders will defend their trademarks zealously from all uses by others. Others might be happy to issue a (generally limited) license (generally for a fee) to those who request permission to use the trademark in a specific way, if they like the specific way their trademark will be used.

Again, when you intend to make commercial use of photos that include a trademark, it is advised that you get permission from the holder of the trademark rights - to eliminate all risks of a lawsuit.

You will NOT want to be the defendant in a suit filed against you by Boeing.