Can I use a photo I took that contains real products in my designs for commercial use?

I have a client that wants a picture of store shelves filled with candy and pop. I would personally take the photo and the photo would be printed without edits and used as the front of a counter for a corporate event at a hotel. The event would go on for 3 days.

If I go to a store and get permission to take the photo, can I legally use that photo for a graphic?

  • This photo will contain logos of real products.
  • I will not be selling the photo.
  • I am located in the United States.

Answer

If you get permission from the store and make sure your photograph doesn’t contain specifically recognizable candy brands, I think you’re safe–but I am not a lawyer.

Because the candy store is private property, you should get written permission from the store–though if you’re photographing a display window that opens into a public-property street that’s less necessary but still the right thing to do.

And if your photo includes copyrighted or trademarked material, like candy logos or a particularly recognizable candy shape, then your client could get be the target of litigation (and in turn would pass liability on to you unless your contract is amazing) for implying affiliation or sponsorship. (This is why a lot of “candy” images show generic ball/drop candies.)

Avoid brands, get permission. Or to be safest, buy a stock photo from a reputable service.

Attribution
Source : Link , Question Author : AndrewH , Answer Author : BESW

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