Copyright laws.
 

If I am wearing a sports jersey in a pic of a famous athlete, can I put them in my hosted galleries?

Thanx

tricky tricky.
Now watch some foodnetwork or other program for profit and try to see how many "generic" items they use or have covered up with a fake label.

When in doubt, don't do it...could come back and bite you in the ass.

ADG Webmaster

Though on the flip side, it seems a great number of people and programs ignore copyright law on a daily basis.

Stupid people like that allow me to fly even lower under the radar.

ADG Webmaster

It is not copyright infringement, no.

However, if anyone wanted to be a prick, it would fall under the trademark laws, not copyright.

I don't think there would be a problem. Look at how many of the drunk girls galleries show drunk girls with budweisers or some other brand.

What about if you were wearing a victorias secret panty set, does that mean Victoria' secret can sue you. The answer is no, it is not copyright violation because you are not copying, nor reproducing the copyrighted material. You are however, wearing it & there are no laws that I know of that prohibit this.

Guilt by association and casting a bad light on a product.
Just see how far someone would get if they used a name brand product like Coke in a commercial program and it showed people puking every time they drank it (without cokes consent of course)

First, this is trademark law, not copyright.

The question is not so much will you win a lawsuit, as can you afford the court case.

I have been looking, without success, for some kind of precedent.

What is the likelihood that the trademark holder will notice and care?

Masturbate with a barbie doll, and I think Mattel will go apeshit.

Wear a sweater with a Nike swoosh logo, and they may not care.

A lawyer friend offered these thoughts (at no charge):

If you buy something with a trademark, and just use it as it is generally intended to be used, you have a decent argument to make to a judge.

Being able to show other situations where the trademark has been used in commercial work is a strong argument.

The publicity from a lawsuit can be extremely valuable.

The major downside exposure is an injunction stopping sales. The plantiff has to be able to convince a judge that they will suffer irreperable harm, or harm that they cannot receive compensation for.

I would like to hear about actual court decisions relating to this issue.

This is the picture in question:

http://www.amysworld.com/temp/Football.jpg

Think "The Bus" would care?? haha

Thats for a completely different reason.. They dont wanna give away free advertising..

well i dont really see any difference between your picture and a sports illustrated magazine that has pictures of fans at sports events in jerseys.

BUT

as mentioned , copyright laws /trademark laws really depend on how much money you have to spend on the lawsuit..

For the most part if the other company has more money to spend on lawyers than you do , you will lose, so i wouldnt make a site around girls in jerseys, but i dont think your gonna have a problem with a few pictures, as they would have a hard time trying to claim that lost them revenue.. :2 cents:

I was just kinda wondering if affiliates would have a problem promoting the gallery.

Personally, I wouldn't hesitate usin' the shot. I'd think chances are extremely slim anyone from the Steelers organization who's in a position to say or do anything...would even see the photo (or give it a moment's thought).

I'd say, worse comes to worse - if (and that's a BIG 'if') they ever contacted you...chances are they'd simply tell you to remove the image from your site.

People use props and objects with brand names all the time. Hell, the Steelers might see the pic and appreciate the model wearin' the jersey, heh. Its done in good taste.


SilentKnight

you would have needed to sign a aua :)

I got an email from a sponsor recently, telling me to remove any content of a certain model (I wasn't using her images anyway). The sponsor was under threat of a lawsuit by a major company. They had a brand-name product in the photos and the brand name company claimed that using them in sexual images had damaged the good name of the product, etc. The email warned I could be liable for damages should this company sue.

I didn't save the email

^ this is true hooters came after me, forgot about that.

You are hot lol.

why would you wanna do that? pretty sexy anyway!!!!