Photographing trade marks and copyright issues

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Copyright and trademarks

It is possible to infringe copyright if you photograph the whole or a substantial part of a literary, musical, dramatic or artistic work, if the work is still protected by copyright.  Click on the link for further information on copyright.

Photographers are often concerned about taking photographs of trade marks, for example taking a shot of a streetscape that contains advertising or company logos on the side of buildings. A registered trade mark owner has exclusive rights to use the trade mark and to authorise use of the trade mark in relation to goods/services for which the trade mark is registered. Taking a photograph of a trade mark should not involve trade mark use and is not trade mark infringement.

It it worth considering that there may be copyright subsisting in the trade mark if it is a logo containing an artistic work.

– See more at: http://www.artslaw.com.au/info-sheets/info-sheet/street-photographers-rights/#sthash.CBA0w8Vx.dpuf

For proactive copyright advice contact Sweeny Legal

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Filed under Brand Power, Copyright Law, Intellectual Property Law, Trade Marks Law

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