Forums > General Industry > If i were to do a shoot...

Photographer

Casper Munoz

Posts: 119

Fresno, California, US

reproducing something famous Ie. a movie character, tv character, or cartoon character. Would i have to go about getting rights to do that?

Jul 27 06 05:22 pm Link

Photographer

Thyronne

Posts: 1361

Huntington Beach, California, US

It depends how and where you use the image

Jul 27 06 05:26 pm Link

Photographer

Casper Munoz

Posts: 119

Fresno, California, US

if i were to dress someone like uhhh... say superwoman... would i have to get rights to do that?

Jul 27 06 05:59 pm Link

Makeup Artist

Tracey Masterson

Posts: 553

Shelton, Connecticut, US

I doubt it.
If you cruise through this site I am sure you can find a couple models dressed as superWoman.  Go for it.

Jul 27 06 07:35 pm Link

Photographer

StMarc

Posts: 2959

Chicago, Illinois, US

Casper Munoz wrote:
if i were to dress someone like uhhh... say superwoman... would i have to get rights to do that?

If you mean putting her in a red cape, a blue body suit, red skirt, and boots (although Supergirl has gone through lots of costume changes) then *probably* not.

However, you stick the big red "S" on her chest, and you are *asking* for trouble. That's a trademark and DC will sue you into your component molecules* for trademark dilution, misappropriation, and whatever else they can think of.

M

*I actually used the phrase "sue you down to your component molecules" to a room full of engineers yesterday. It was great.

Jul 27 06 07:44 pm Link

Photographer

Casper Munoz

Posts: 119

Fresno, California, US

So just as long as thier is no logos im golden?
Sweet thanks

Jul 27 06 07:46 pm Link

Photographer

StMarc

Posts: 2959

Chicago, Illinois, US

Casper Munoz wrote:
So just as long as thier is no logos im golden?
Sweet thanks

I didn't say that.

I said probably not.

It depends on what you do and how aggressive DC is feeling. I am an attorney, but this is not legal advice.

M

Jul 27 06 08:32 pm Link

Photographer

Casper Munoz

Posts: 119

Fresno, California, US

I wasnt gonna go dc. More fairy tale characters and cartoon characters
just going with a vague generalization

Think the Recent Jenny McCarthy FHM shoot where she redid a lot of alice and wonderland characters.

Jul 27 06 08:59 pm Link

Photographer

The Body Positive

Posts: 18

Reston, Virginia, US

Do you think the Washington Nationals would sue me for selling this photo?  Probably not.  When I bought this jersey there was no tag saying I couldn't photograph it.  And when I sell this photo, what's really convincing the buyer to buy it...the jersey, or the hot model wearing it? 

I'm sure if I was a big company and I had corporate lawyers, they'd tell me to fuzz out the logo (see MTV videos with whatever logo clothing is hot this week).  But you know what?  F lawyers.

Jul 28 06 01:57 pm Link

Photographer

Leonard Gee Photography

Posts: 18096

Sacramento, California, US

Alice In Wonderland is in the public domain. The books are available in eBook form all over. Some character are still trademarked - Micky Mouse. That will get you into trouble since Disney would protect their interests strongly. They paid big money and got laws to extend the trademark.

So you have the two instances. Characters or trademarks that are still protected and those that aren't. Then you have the risk factor for protected trademarks. Is it for commercial gain or is it a news item, educational use or critique. Depends on the circumstances.

To get permission you license rights from the trademark holder. The agreement limits you as to length of use, purpose, media, geography, and so on to determine the price.

Jul 28 06 09:11 pm Link

Photographer

Amy J Jones Photography

Posts: 524

Fallston, Maryland, US

Jay K wrote:
Do you think the Washington Nationals would sue me for selling this photo?  Probably not.  When I bought this jersey there was no tag saying I couldn't photograph it.  And when I sell this photo, what's really convincing the buyer to buy it...the jersey, or the hot model wearing it? 

I'm sure if I was a big company and I had corporate lawyers, they'd tell me to fuzz out the logo (see MTV videos with whatever logo clothing is hot this week).  But you know what?  F lawyers.

Don't kid yourself!  If you sold that image with the Washington Nationals logo on it (say it was used in a print ad) You WOULD be sued.  They take that stuff very seriously!  I was working with a local band, who's name was the Ravyns.  They put out a CD of a single they wrote for the Baltimore Ravens Football team.  The NFL said if we photographed any of the band with any NFL logo on it and that CD sold we would all be sued.  They mean business with that sh*t.  Sports teams are particularly weird about it.

Jul 29 06 07:31 pm Link