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Forum
Photography
Brand logo policy?
#LOGO
Kenichiro Nakamura PRO
2 years ago

Hi team,

 

I couldn't find any policy document about the brand logos captured in a picture.

When we take pictures, especially on the street, the brand logos will be part of the image.

Maybe the pedestrian wears a jacket with a logo on, or even the shop is part of the picture.

 

Do you have any policy regarding to it? For example, this is my picture currently in curation and I wonder if I should remove logo, or just removing logo won't be allowed?

 

[Wth logo]

 
[Without logo]
 

Ken

Udo Dittmann PRO
2 years ago

Hi Kenichiro,

 

In my opinion, trademarks are more of a problem for the photographer and not for the website, so I'm not sure if you'll get an official answer here. You can find many legal examples on the internet of what is or isn't allowed in terms of trademarks. As this is all far too complicated for me, I simply avoid photos with clearly visible trademarks on them. In your example, I would simply cut away the top edge, then the main motif is even more prominent.

 

Greetings

Udo

Kenichiro Nakamura PRO
2 years ago

Thank you, Udo!

 

So rather than "removing" the logo, you prefer cutting off the enter area where the log exists. That's actually the easiest way to avoid the issue :)

I will wait a bit more until other may answer the question.

Mike Schaffner CREW 
2 years ago — Senior critic

Kenichiro,

 

You've asked a very interesting question. One for which there may not be a clear answer.  Udo Dittmann is correct in saying you probably won't get an anwer from the website and that is more of issue for you than them.

 

First, let me start by saying I'm not a lawyer and you should not rely on my comments as legal advice.

 

Importantly it may depend on where you are. The copyright laws vary from country to country. So, what is acceptable in one place may not be acceptable in another.

 

Generally, speaking it may depend on if you are using it for commerce. If you are using to sell clothing in this case it may not be allowed. However, if you are just making a photo and inclusion of the logo is incidental than you may be okay.

 

Also, many countries allow a "fair use" provision for such things as educational uses, journalism, satire, opinion pieces, art  etc.

 

Strict exclusion of any copyrighted item would just about kill street photography. The logos and distinctive design of shoes, clothing, watches, glasses, cars, signs, advertisements etc. are everywhere.

 

The bottom line is that "it depends". Not a very fulfilling answer is it? If you are really concerned your options are to play it safe and remove it or to consult a lawyer. Sadly, the lawyer probably won't be able to give you a absolute definitive answer either.

 

Mike