Using pictures of Logos or Icons

Is this legal

[BeeDeeDubbleU]

Let's say that I am designing a website for a luxury car company would it be legal for me to take a picture of an emblem on a car and include it in a masthead design?

For example let's say I have a Rolls Royce, would it be OK to take a picture of the angel statuette on the bonnet (or hood) and include this?

[jbinbpt]

Your image, taken in a public place, is a great argument for being able to use it. If not you could be sued 100 times for taking pictures in Times Square and using them.

[Shaddows]

I think the subject of your photo matters. If it is a photo of a public place, that includes trademarked images, thats one thing. If its a photo OF a trademarked image, I suspect the image owner might have recourse.

However, someone here has suggeested its ok to take pictures of art, if you can do it from a public space. So, as always, talk to a lawyer.

Or, if you are doing work OBO the image owner, just seek permission.

[BeeDeeDubbleU]

I don't think I will be talking to any lawyers about this issue ;)

It is not a photo of a trademarked image. It's a photo of part of a car.

[Shaddows]

Yeah, but its their logo, and its for promotional purposes.

But if its for THEIR OWN PROMOTION, I doubt they would object.

[swa66]

The sculpture on the rolls is a work of art in itself and hence protected by copyright.
Pictures of it (esp if they just picture the ghost) are copyright infringements.

INAL

[Syzygy]

Depending on usage you might have had no problems. But, here's the killer...

...include it in a masthead design?

Incorporating someone else's marque into your own company logo or having it directly associated with it is a definite no-no! Not unless you have the express permission of the brand owner, are an authorised agent, etc, etc. Even then you would probably find the brand owner would have clearly defined limits on what was acceptable and how the logo should be represented.

Syzygy

[BeeDeeDubbleU]

If I have a Rolls Royce taxi business I would obviously be quite entitled to place a picture of one of my vehicles within the masthead (not the logo - just an image as part of the masthead). I am just having difficulty understanding why a picture of part of my vehicle would be any different?

[Syzygy]

The problem is with association. By having the Rolls Royce Spirit of Ecstasy (for example) incorporated into your masthead, you create the allusion that you have a direct association with that emblem, and thus the company. That's typically where the other party starts to get upset.

These are generalisations, of course. And we don't know the specifics of what you're proposing. Undoubtedly the laws surrounding such things are complex. In some scenarios this type of thing may not be a problem: if the allusion of association is vague and non-specific, for example. In others, especially where trademarks involved and they are considered to be infringed upon, you risk the wrath of the owner's legal pit bulls.

That's only my understanding - and very simple my understanding is too, so please don't take my word for it :-)

Syzygy