copyright question on images

[dakman]

hi I downloaded this picture from Stock.Xchng that someone took of there webcam which is a CREATIVE trademarked web cam. If someone takes a picture of a webcam or any product from a company can I legally use the picture? also on stock.xchng the uploader said ther are no image restrictions for this image.

thx for your help

[photocartoonist]

That is an interesting question.

It all depends on the photo in specific and the use of the image. Is it a commercial or editorial use? Are you saying something ABOUT the product? Even editorial usage can run into rights of privacy/publicity issues, in addition to copyrights, depending on the usage (although privacy issues are in general about pictures of people) and insinuation.

Ultimately you are responsible for your usage, so even a disclaimer from the stock agency is no protection against legal action.

[garann]

Why don't you just use Photoshop to remove the trademark? I see this all the time with Mac PowerBooks used in advertising. They're very distinctive laptops, and it's obvious what they are, except that someone has removed the glowing apple from the cover.