Do you have to talk to a lawyer?

[ScottWebb]

I am working on a project of photographing some crushed aluminum cans..ie coke cola ect.

I want to create a coffee table book and prints and have a gallery showing at some point.

What's always held me back is the fact that I don't know if I need to contact someone like coke to get permission to do this? I don't know because their logo would be visible.


Do I need to talk to a lawyer? Has anyone gone through this? I would love some guidence on where to go so that I can finalize this plan.


Thanks in advance...scott

[MrBeta]

I'm no legal counsel but I don't think you do so long as you're not giving Coke a bad name. If you're portraying a product in a bad way, they can haunt you somehow. I recall something similar when surfing an indie film forum. YMMV

[CaptainNH]

I can't comment on the specifics of the Coca-cola cans and logos, but I would note that some organisations are more protective of their trademarks than others.

An example, peculiar to Sydney, is the Sydney Opera House.

Do a search of the main stockphoto sites and see if you can find a photograph of this world heritage listed building, visible from public open space from all around the harbour.

You will find some incidental inclusions in broad Sydney Harbour cityscapes and the odd tile detail (probably because the stockphoto editors don't recognise them). But images which depict the distinctive sail-form of the building are noticeable by their absence.

Why?

Because the Sydney Opera House Trust, on behalf of the New South Wales Government, strongly protects its intellectual property (being the Sydney Opera House brand - including images of the building) and copyright (the building design, commissioned by the NSW Govt).

Sydney Opera House images submitted to stock photo sites get rejected on copyright grounds. Photographers who use the building for commercial purposes get a very nicely worded cease and desist letter from the in-house counsel at SOHT.

(Fortunately, under Australian copyright law, wedding photographs are private not commercial images, which means wedding photogs can get away with including it in their shots).

Is this relevant to Coca-cola? Possibly.....

If you're planning to produce, sell and profit from a book from photographs of Coke products, then their trademark lawyers might take an interest.

They have been known to chase down people who have used their trademarked logos on clothing brands.

It might be worth a call to their head office.

[gturner]

Here is a short email reply from a friend whom you might call - "qualified" to answer.

_______________________________________________



Hi,

That's freedom of art. As long as he is not doing anything "illegal, immoral" with it, it's his art.

Hope this helps.

regards

XXXXX XXXXXX
Trademark Counsel
The Coca-Cola Export Corporation
__________________________________________________ ______



Remember that you can even lampoon trademarks (in most countries) that have freedom of expression.

[ScottWebb]

Wow thanks for the responses!


@MrBeta - I actually recall reading information like that when doing research a while ago, with regards to the immoral or illegal thing - trying to deface a brand. This makes sense and I am totally reminded of it all now.

@CaptainNH - thanks! Great points to consider here.


@gturner - wow - above and beyond. thank you so much. I am so freaking pumped to continue this. so so excited.

[jebrown]

Scot:
Contact Carolyn E. Wright.
She is both a professional photographer and an attorney. She tours the country providing seminars on photography and and photography.
She will be able to provide you with facts not opinions.
There hve been some new court rulings on copywright law in the last couple years.


Crolyn E. Wright
PO Box 250208
Atlanta, Georgia 30325
678-592-8025
photoattorney.com

Her blog is at this e-mail. I reccomend any one engaged in photogrphy to visit her blog at least once a week regardless if you are aprofessional or an amateur.
One area that has been covered extensively on her site is where you can and can't take phontos. After 9-11 many plolice officers and security guards are very confused on where you can and can't be to take photos.

Jerry