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Can a manufactuer prevent you from displaying their product

Doesn't this fall under fair use?

     
12:06 am on Jan 4, 2006 (gmt 0)

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We are dealing with a distributer, that will not allow us to use there product catalog images for one of their product lines. This is a top selling product, so we want to carry it. However the manufactuer is very an*l about their image distribution rights.

My understanding is that we can take a picture ourselves of this product, indicate that the product has a registered trademark, and sell it on the web, under fair use.

2:55 am on Jan 4, 2006 (gmt 0)

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I've had the same experience with distributors in the past.

In copyright law I think "fair use" refers to using excerpts for reviews, study, etc.

3:29 am on Jan 4, 2006 (gmt 0)

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Celebrities don't seem to be able to legally stop the poparazzi from following them around, snapping pics and selling them.

So isn't the product "in the public view" as well?

I don't see how they can stop you from publishing your own photo .. unless they cut off your affiliate arrangement.

I believe you do have to indicate Trademark

just my 2 satang

4:05 pm on Jan 4, 2006 (gmt 0)

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The way I look at it.

The manufactuer can't walk into a physical store, and say take their product off your shelves, we don't want anybody looking at it and buying it.

Showing the picture of the product on the web is the digital equivalent of the same thing.

5:25 pm on Jan 4, 2006 (gmt 0)

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If you refuse to discontinue use of their images, or to comply with their requests, the manufacturer can refuse to supply product.
2:02 am on Jan 5, 2006 (gmt 0)

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"If you refuse to discontinue use of their images .."

If I buy one of their products and take a photo of it, the product is mine AND the image is mine.

Of course any company can discontinue their affiliate arrangement .. but that is sort of counter-productive for marketing.

Actually, why would a company have an affiliate program is they didn't want to sell their product .. unless the product is being sold in a bad neighborhood? But then they should discontinue the affiliate relationship rather than trying to keep images from being served.

1:15 pm on Jan 5, 2006 (gmt 0)

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This is not an affiliate program. I am buying from the distributer, not the manufactuer of the product, who then pays a royalty to the owner of the artwork incorporated in this product.

The big problem, is that this product contains TradeMark artwork. Many people have been making fake derivatives of this artwork, and the owner of the artwork does agressively go after these people who are doing this, including going as far as shuting down clipart sites.

In my case im selling legimate and authorized items, and the owner of the artwork get their royalties from the manufactuer, from the profit they get by selling the product to the distributer, and so on up the food chain right to when I sell to the customer.

 

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