May I photograph products with known brand logos and sell these images?
May 11, 2023 | 40,00 EUR | answered by Verena Friedendahl
Dear Copyright Lawyer,
I have a question regarding photographing and selling products with well-known brand logos. I operate an online shop where I sell various products, including some with well-known brand logos. I have taken photographs of some of these products in order to showcase them in my online shop. Am I allowed to sell these images without any issues, or would I be infringing copyright laws?
I am unsure if using the images with brand logos is legally permissible. I am concerned that I may be violating trademark laws if I use the images without the consent of the trademark owners. Is there a way for me to legally use and sell images of products with brand logos?
I want to make sure that I am complying with all legal regulations and do not face any legal consequences. Could you please provide me with information on how to proceed in this case and if there are ways to use the images lawfully? Thank you in advance for your assistance.
Sincerely,
Hilde Friedendahl
Dear Mrs. Friedendahl,
Thank you for your inquiry regarding photographing and selling products with known brand logos. It is important that you legally protect yourself in this matter to prevent potential legal problems.
Firstly, you need to differentiate between copyright and trademark law. Copyright protects the intellectual creation of the author, while trademark law governs the protection of brands and logos. In your case, it is about trademark law, as you are using images of products with known brand logos.
In general, as the operator of an online shop, you are allowed to use images of products with brand logos, as long as you have the consent of the brand owner. This means that you need to obtain the permission of the brand owner in order to use the images lawfully. If you use the images without the consent of the brand owner, this could be considered a violation of trademark law.
However, there are exceptions where the use of brand logos without consent is allowed, for example in the context of reporting or expressing an opinion. If you use the images solely for presenting the products in your online shop and do not spread false facts about the brand, this could fall under expressing an opinion. Nevertheless, it is advisable to seek legal advice to ensure that you do not take any legal risks.
Overall, it is recommended to obtain the consent of the brand owner beforehand to ensure that you can use the images lawfully. If you are unsure whether you are allowed to use the images without consent, I strongly advise you to consult a specialized lawyer in trademark law. Only in this way can you ensure that you comply with all legal regulations and do not have to fear any legal consequences.
I hope this information helps you and I am available for further questions.
Best regards,
Verena Friedendahl
