Quote:
Originally Posted by Ahnuld
Ya want the legal answer..... ya probably have to get a license agreement with GM/Saturn to use their cars in an image that is being sold/mass produced.
But... The calendars being done here are low volume and typically for charity. Like ol' Bill Clinton there's prob a bit of "Dont ask, dont tell". Is there any real benefit to GM being heavy handed against fanatical car buyers who are promoting the cars and helping charities? But no guarantees that it can continue.
Now... if you are gonna go with a professional calendar and print 10,000 copies to be sold at Hallmarks Card Stores around the country, then ya def need a license.
Two related stories that come to mind:
1) the world famous "Campbell Soup" paintings by Andy Warhol where done long before people were making millions off of merchandising... originally was just an artist's stroke of genius. Campbells Soup has embraced them as it helped define the soup as a world-wide icon. BUT... as you can see in this link to the Museum of Modern Art... the Andy Warhol Foundation has a license with Campbell's Soup Company.
MoMA.org | The Collection | Andy Warhol. Campbell's Soup Cans. 1962
Those paintings are probably generating some serious revenue in prints, memorabilia, T-shirts... etc.... I would imagine Campbells sees a cut.
An interesting read from a Law Professor: TeacherArtExchange (Education at the Getty) - [teacherartexchange] Warhol and use of trademark and photographs
2) Now regarding how "touchy" a company can be...A few years ago a co-worker of mine registered a website named similar to a beach themed Entertainer / Restaraunt Owner. Was going to be a fan site. Before he even had the site up and running... he got hit with a friendly cease and desist letter! I never actually saw the letter... but this was his story at least.
This post is not to be construed as legal advice, and is only a personal opinion. The only true advice I can give is that if you are that concerned, check with an attorney who specializes in this subject matter.
Do some googling... I found this: http://www.photosecrets.com/links.law.html
From someone who has watched more than his share of LA Law and Boston Legal, so take it with a big grain of salt. Hopefully around the rim of a margarita glass.  |
I agree with Ahnuld and add a little more.
All you would need to do in order to use a Saturn Sky in a 10,000 Halmark store selling run, is clone out ANY NAME or Badging. I know this because all ad agencies do it all the time. I have cloned Nike logo's out of sneakers in a very popular clothing manufacturers ads for legal reasons, but they were still clearly NIKE sneakers. But of course, check with a lawyer to be safe, if you plan on a Mass sale. If I am not mistaken also, context is important! If you sell it as a Club calendar for a car club, and all owners consent, I do not think GM can say anything, it is not being marketed as a "SKY" calendar, but is as a club calendar.
Bullet Points:
•*Charity is a full out go
• If you take pictures of Cars in a Public place, like today, you own the sole rights and do not need the owners permission to use it (NO PLATE OR PERSONs FACE CAN BE CLEARLY VISIBLE)
• If you take a picture in some persons driveway, or with someone standing visible in it get written permission before using it for a profit sale.
In most cases, it is not worth the extreme cost of an actual court case for someone to sue you unless you have made a ton of money that they can get a percentage of. I think in most cases they would send you a warning letter.
In closing, I would call a lawyer and get some sound legal advise if you intend to go full out commercial with this. You would need to be a supporting vendor to sell those here.
If you are looking to do a club calendar, just ask the members and that I think you can sell here under the regional catagories and I do not think you would need to be a supporting member, ask a mod
If you are doing a charity thing, get permission from people you photograph, or that supply you photo's and go for it.
Good Luck!
