
This is a bit off topic from photography, but just as important to discuss .
NEVER USE ANYONE’S STUFF WITHOUT THEIR PERMISSION, PERIOD.
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From time to time, I shoot for people that have contracted my images for the life of the project. Those are images you will never see. EVER.
I do keep them in my personal portfolio, but only with the proviso that they are NEVER to be published.
In the same light, if you’re making something with a copyrighted character, even if it only sort of looks like that character, you are begging to get one of those nasty “cease and desist” letters from a big law firm. You can lose all the equipment and business of your trade with a very simple judgment on copyright or trademark infringement.
So, how do the big TV shows and radio stations deal with trademark issues? Most of the time, the people in the production and “On Air” environments sidestep this issue by using the generic term. You would never hear the “On-Air” folks say Kleenex® (notice the trademark symbol?) or Rice Krispie® treats, instead you will hear them say tissue or cereal treats.
For the shows that do promote a specific character, the contract may state how many times it can be used, or even how much “Air Time” is allowed. If you do see a logo or trademark, or even hear a trademarked word on the radio, web or TV, you know that someone somewhere got paid. This world is about the money.
When I have shot on set, I cover the logos on my gear that are really apparent. This way, if my gear makes it into a shot, no one has a problem with it.
I am conscious of what I shoot. You should be, too. I carry personal property contracts and model contracts on my ipad, just in case I shoot something that requires one, but I usually manage that part of the business upfront. Besides, I often know the people I shoot personally and my caution level skyrockets the more “public” they are. Yea, I may write/type like an easy-going guy, but don’t cross that line with me.
So, when it comes down to it, if you don’t own it, don’t use it. EVER!
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