Using copyrighted material...?
Hiya,
We want to sell some mobile phones and on our advertisements we want to use a picture of a Motorola phone. The pictures that we get from the Motorola site are all copyrighted, so we can't use them.
I'm sure that Motorola have design rights on all their objects, but if we were to take our own photograph of the motorola phone, could we use this photograph in our advertisements?
Thanks,
Mac
Answers:
The above is flatly incorrect (at least in most states) as to the wedding photographer part: they are not permitted to use your image for advertising without your consent.
As to your question, if you are an authorized Motorola dealer, your agreement with the company will include some wording as to the use of intellectual property such as pictures. If you're selling used equipment, you can take a picture of the equipment you're selling.
You might have to run it by Motorolas legal anyway, but then again in MN atleast a photographer has the legal copyright to the image that they photograph. For example when photographers take wedding pictures they are legally allowed to use your image with or without your consent in their advertising or studio portfolios.
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