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Old 02-09-2003, 02:13 AM  
Danielle
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Join Date: Jun 2002
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If the item appears in a natural setting and could normally be seen in the setting, you don't need any permission if you own the item.

If the emphisis is on the trademarked item and it is not just in the background you do need to license it's use.

Examples you don't need a license for.

A Picture of people watching a TV. You don't need to license the pic of the TV.

A picture taken in a bar of people having sex and beer signs are in the background. You don't need a lic for the beer signs.

A girl palying with herself in a kitchen and a pepsi can is on the table. You don't need a lic for the pepsi can.

Now if a trademark holder feels you are degrading and damaging the trademark you can still be sued.

Disclaimer. I'm not a lawyer but I pay many of them big fees every month.

Hugs,
Danielle
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