manufacturer logos, badges, mascots, etc

[Rob Clements]

So I've considered selling some shots that focus mostly on vehicles mascots (hood ornaments) and old badges. What (if any) are the issues with selling shots of close-up shots of old badges and mascots? I could imagine photographing a brand new Ferrari Cavallino shield and selling gigantic posters would be an issue, but is there any leniancy with old stuff? Even engine compartment shots usually have logos throughout, oil companies, carb companies, hose manufacturers, etc etc

Where do they draw the line?

[John Thawley]

Line? You want a line? ;)

Sadly, the line will be drawn on your back at the whim of some attorney should he decide to wake up and feel like drawing a line.

The answer is, there is no answer. I'm sure the best case scenario is you taking a picture of my Ferrari's badge and selling me a 30x40 print to hang in my office and charging me accordingly. But I fear once you step outside that model, the potential for becoming a defendant in an intellectual property case would be there.

Everyone simply proceeds at their own comfort level of risk. I've done Ferrari posters for Ferrari dealers and heard Ferrari was pissed. But... it was an authorized dealer, so they were pissed. End of story. Then again, I've had Pinninfarina sign limited edition prints that I did.

If you're going market aggressively, consult an attorney.

JT

[Rob Clements]

to be honest, they're being considered for a stock agency, not for sale by me, and i'm not sure yet what they'll require from me in regards to releases, etc.

[Todd Corzett]

So the way I think about it is this... Why would someone want to buy the print? Is it because it's 'art' or 'a creative composition', or are they purely buying it because it's a Ferrari logo? If they are buying it purely because it's Ferrari, in which a large close-up of a logo would be, then you as the photographer are not really adding much to the overall value of the image compared to the logo... and are going to have a hard sell when it comes to why you should be able to sell a print of trademarked logos. I think it the same way as selling prints of a celeb... is the person buying the photo only because of the person in it?

As for what releases would be needed for stock, I'm sure the lawyers with the stock agency would have the answer to this stuff.

-Todd...

[John Thawley]

So the way I think about it is this... Why would someone want to buy the print? Is it because it's 'art' or 'a creative composition', or are they purely buying it because it's a Ferrari logo? If they are buying it purely because it's Ferrari, in which a large close-up of a logo would be, then you as the photographer are not really adding much to the overall value of the image compared to the logo... and are going to have a hard sell when it comes to why you should be able to sell a print of trademarked logos. I think it the same way as selling prints of a celeb... is the person buying the photo only because of the person in it?

As for what releases would be needed for stock, I'm sure the lawyers with the stock agency would have the answer to this stuff.

-Todd...

One of your points is absolutely spot-on regarding "what drives the sale." A celebrity has an obligation themselves and the people that make up their corporate entity... let's call it "Celebritu Inc." As the face of Celebrity Inc. I am obligated to do everything possible to preserve the value of my images. Whether it's through putting on great performances, giving great interviews, looking good... OR, making sure pictures of me are looking good, it is part of what I do as the principal of "Celebrity Inc." - So I'm going to do sittings with certain photographers and I'm going authorize "certain" shots from those sittings for specific use.

Logos are intellectual property and the owner has every right to oversee the proper use of their property.

Just like your signature... would you mind if I use your signature?

[Perry Bennett]

Just like your signature... would you mind if I use your signature?

I like that comparison. Nice one, John.