Author Topic: Trademarks at FAA (Read 6368 times)

ole999 · « **on:** August 10, 2019, 12:42 »

Is it really ok to submit product images and trademarks to Fine Art America? On all other sites it's not allowed for commercial use.

derby · « **Reply #1 on:** August 11, 2019, 12:40 »

Quote from: ole999 on August 10, 2019, 12:42

Is it really ok to submit product images and trademarks to Fine Art America? On all other sites it's not allowed for commercial use.

It's NEVER ok to sell protected and copyrighted images, if the legit owner should discover there could be big problems.
FAA doesn't check content and you can submit anything, even a Ferrari logo, but it's up to you to declare that you have the right to sell.
You have to pay eventually for the consequences

unnonimus · « **Reply #2 on:** August 13, 2019, 12:18 »

U of Alabama vs Daniel Moore:

judge rules it is legal for photographers to sell photos that contain the trademarks of others

Sean Locke Photography · « **Reply #3 on:** August 13, 2019, 13:26 »

Quote from: derby on August 11, 2019, 12:40

It's NEVER ok to sell protected and copyrighted images, if the legit owner should discover there could be big problems.
FAA doesn't check content and you can submit anything, even a Ferrari logo, but it's up to you to declare that you have the right to sell.
You have to pay eventually for the consequences

A: The OP asked about licensing images with trademarks, not "copyrighted images".
B: Sure, you can license images containing trademarks with an editorial license.

Also: https://www.danheller.com/model-release-copyrights.html

derby · « **Reply #4 on:** August 13, 2019, 14:24 »

Quote from: Sean Locke Photography on August 13, 2019, 13:26

A: The OP asked about licensing images with trademarks, not "copyrighted images".
B: Sure, you can license images containing trademarks with an editorial license.

Also: https://www.danheller.com/model-release-copyrights.html

Mmm... Sorry Sean but OP asked not about licensing but commercial prints with "products and trademarks" and I cant'see big difference with copyrighted items.
B) fine art America is commercial prints market, nothing to do with "editorial license" of an images.

testing20190809 · « **Reply #5 on:** August 13, 2019, 14:27 »

derby · « **Reply #6 on:** August 13, 2019, 14:29 »

Quote from: unnonimus on August 13, 2019, 12:18

U of Alabama vs Daniel Moore:

judge rules it is legal for photographers to sell photos that contain the trademarks of others

I think you mean that is legal under restricted terms of use (editorial).
At the contrary, It would be difficult to understand why stock agencies reject images with copyrighted items or logos.

About FAA, it is not for editorial use, for sure

Sean Locke Photography · « **Reply #7 on:** August 13, 2019, 14:49 »

Quote from: derby on August 13, 2019, 14:24

Quote from: Sean Locke Photography on August 13, 2019, 13:26
A: The OP asked about licensing images with trademarks, not "copyrighted images".
B: Sure, you can license images containing trademarks with an editorial license.

Also: https://www.danheller.com/model-release-copyrights.html

Mmm... Sorry Sean but OP asked not about licensing but commercial prints with "products and trademarks" and I cant'see big difference with copyrighted items.
B) fine art America is commercial prints market, nothing to do with "editorial license" of an images.

Comment A addressed your misstatement about what the OP said. Comment B addressed your incorrect statement that "It's NEVER ok to sell protected and copyrighted images".

FAA also licenses images: https://fineartamerica.com/imagelicensingbusiness.html

stockastic · « **Reply #8 on:** August 14, 2019, 13:09 »

FAA checks nothing. If they get a complaint, they delete your images with no notice, and no discussion. It doesn't matter if you think the complaint is unjustified; FAA won't do a thing for you.

You can sell a lot of things as 'art', meaning individual prints; but put it on a handbag or a coffee cup and it's a 'product'.

unnonimus · « **Reply #9 on:** August 20, 2019, 12:01 »

Quote from: derby on August 13, 2019, 14:29

Quote from: unnonimus on August 13, 2019, 12:18
U of Alabama vs Daniel Moore:

judge rules it is legal for photographers to sell photos that contain the trademarks of others

I think you mean that is legal under restricted terms of use (editorial).
At the contrary, It would be difficult to understand why stock agencies reject images with copyrighted items or logos.

About FAA, it is not for editorial use, for sure

no, I meant it is legal to take photographs of the trademarks of others and sell them for a profit.

trademark protection prevents others from using your brand to identify themselves. there is no trademark protection that prevents a photographer from selling a photo. it is how the photo is used that matters. selling the photo is not considered 'use'.