Is it legal to use automobile images in advertising without getting permission?

[ilikeike]

I recently noticed the following claim in a newspaper editorial and advertising service:

"In addition to providing high-quality editorial material, we publish many photos with our various articles. As always, THESE PHOTOS, WHEN ACCOMPANIED BY A PHOTO CREDIT, CANNOT BE USED FOR ANYTHING ELSE.

"For example, you cannot use a photo with a photo credit that accompanies an article on fashion in an advertisement for one of your clients. The exceptions to this rule are automobile photographs, which can be used in any manner."

Is that part about the automobile photographs legal? Say I wanted to create an advertisement with an image of a GM automobile. If the advertisement has nothing to do with GM or that automobile, I'm still allowed to use the image of the GM automobile? Or do I first need to get permission from GM?

 

[swalsh411]

What is your legal question? If you wanted to post an ad for a Kenwood car radio you were selling on Craigslist, and took a picture of that radio installed in your 2002 Chevy Malibu, you would not need GM's permission. Does this answer your question?

 

[ilikeike]

No, I don't mean a classified ad. I mean an advertisement. I do some freelance graphic design and want to know if it's legal to use an image of an automobile without getting permission from that auto manufacturer. For instance, if I'm creating an advertisement for a Bed N' Breakfast, can I use the image of a Cadillac Escalade pulling up to that B n' B if I don't have permission to use the image?

 

[swalsh411]

Permission from who? GM? No. If you were creating an ad for a furnished apartment and wanted to highlight the quality of the appliances you would not need GE's permission to put a picture of the dishwasher in the ad.

 

[ilikeike]

I'm not creating a classified ad, though.

I want to use an image of a GM automobile in an advertising supplement I am creating. It's essentially a mini-magazine but I'm not trying to sell GM products.

 

[quincy]

ilikeike, your questions have no easy "forum" answers.

It is possible that the photographic images of the automobiles were taken by photographers who worked for the paper (with copyright ownership, then, held by the paper) or they were taken by photographers who gave up or sold all rights in their images to this editorial/ad service. This could make it possible for the newspaper editorial/advertising service to offer these images for use.

The photographers whose photo credits accompany their photos, on the other hand, may have granted only a limited license to the user (to use a photo only with a particular article, for example), while retaining copyright ownership in the photos. Those photos you would not be able to use (separate from the article) without permission from the photographer.

If the photos of the cars are not covered by any photographer's copyright, you would not (apparently?) have to worry about copyright infringement if you used the photos in your ad. I question the "used in any manner," however, without seeing the photos in question or knowing their origin or knowing anything about the service that offers these photos.

Even if there are no copyright issues when using the photos of the cars, there could possibly be trademark issues, depending on what the photos look like and how the images are used.

If your ad uses the Cadillac Escalade in more than just an incidental way, for instance - if your ad focuses on the Cadillac Escalade and not on, say, the Bed N Breakfast - your ad could potentially be seen as infringing on GM's trademark. Again, it is impossible to say without knowing all of the facts and particulars.

I suggest you run the newspaper service's ad, the photos being offered, and your advertising idea by an IP attorney for a review. The attorney can advise you better whether there could be or would be any legal problems that can come of your use of the automobile photos in your advertising supplement.