Upload & Sell: On
| p.1 #17 · Legal question regarding image |
Do you then need a property release from the maker of the cello, or the designer of the clothes or the maker of the candies on the shelf?
If you were doing nudes, do you need a release from the parents, as the creators?
In this case, the picture is one of many components in a larger picture. Would that alter the legalities?
Simple, the picture on the wall is a work of art that can be protected by copyright. Dresses, on the other hand, or clothing, for that matter, although they can be works of art, cannot be copyrighted (at least not in the U.S., Canada and most of Europe)...which is why knockoffs appear quickly and the designer has no recourse, just like car design...can't be copyrighted (and Hyundai copies Mercedes). The candles, on the other hand would be interpreted to be common everyday items. The cello is also a very common design that has been around for a very long time and its maker would have a very hard time defending a copyright on its design. Oh, and the human body, as artful as it may be, cannot be copyrighted...at least as far we know the original designer never claimed one.
Anyways, in most jurisdictions there is jurisprudence and if you want to argue hire a lawyer
Which is exactly why anyone producing a commercial work of art, such as a movie, photograph or painting will be very careful never to include any readily identifiable work of art without express written permission. The last thing they'll want is a lawyer's letter.
And if you think its silly, wait until someone uses one of your photographs without your permission.