RDKirk Offline Dedicated FM Upload & Sell: Off
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p.1 #12 · Interesting client question today | |
I would say that a good reason to be bonded would be if your photography is of private locations or people. If you don't have a signature saying you have permission for the photography (even if it is from public property) the person / entity in the photograph could technically do a cease & desist / sue the gallery to have the photo removed. This way the Gallery would be able to pass that love back to the photographer. Stuff like this has happened with iconic locations such as the Chrysler Building which I believe has a patent or copyright on it. This makes it so anybody who has a picture of it in any way being publicly displayed is infringing on it's copyright / patent.
No, that would only be true if the photograph is used commercially, specifically, to promote a third party service or product.
Presuming no laws were broken in the physical act of taking the photograph (such as trespassing), the photographs can be sold as editorial illustrations or as art, and the images can also be used to advertise the selling of the image itself as art or editorial illustration.
The copyright law permits the blueprints of a building to be copyrighted (which means nobody else can build the same building), but it explicitly permits the making and selling of photographs and drawings of a copyrighted building.
Trademark laws do not apply unless you're "trading" on the trademark--making use of the commercial benefits someone else's trademark to enhance the commercial benefit of your own product. An example would be Pradis prominently using a Mercedes in an ad for their purses--using the symbolic luxury of the Mercedes emblem to convey a sense of luxury to their own product.
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