Can I sell a photo of a guy in a batman costume?

If it shows the batman logo? What if it's a generic costume that looks like batman, but no trademarked logo? It's a photo that will end up in an art book for sale.
What are the copyright laws for that?

Answers:
if you can find an idiot who will pay for it, then yes you can find a buyer other than that this picture is worthless


If you cite the trademark (not sure who owns it) under the picture you should be fine.
No
If you are the owner of the photo yes you can sell it.
Let the publisher worry about the copyright laws.
there is no trademark on the concept of super hero. If your photo can portray the idea of super hero you are fine. If you make it a "dead ringer" for the images first authored by other people such as in Batman cartoons or in Batman movies, you will run up against trademark infractions. I would suggest you try for a generic photo as that will be more marketable.
Was it taken in the public by you or someone who gives you permission to do so?
Yes.
If it's not yours and you do not have permission. NO.
Anything in public is fair game...

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