I am creating a comic website about technology, what restrictions are there for use of product photography, or company names?

In writing comical articles about technology, I wish to use product photography, and product names. Do I have to acquire permission from the companies whose products I depict and mention, or am I protected by fair use? - Is this your question? Add additional information
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Answers (3)

Pamela Koslyn

Pamela Koslyn

Contributor Level 10
If your use of the names and photos of various technology products is so you can identify them and mock them, you'll be protected by a fair use defense to any claim ot trademark (not copyright) infringement and you won't need to seek permission from the owners.

If you do use trademarked names in the photos or in identifying the products, you need to avoid using them any more than is necessary to identify them, so make sure you're accurate in how you refer to them, and get their symbols rights if they're registered trademarks. You should also include a disclaimer as to the actual owner of the marks so you can't be accused of passing off your writing as affiliated with those marks.

You should consult a qualified IP lawyer to make sure your use doesn't infringe.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Daniel Nathan Ballard

Daniel Nathan Ballard

Contributor Level 7
As Ms. Koslyn notes, the owners of the products you will be evaluating will not have a trademark cause of action against you so long as you limit your use of the product names and marks, do not falsely represent the qualities of the products, or imply that the product owners are associated or affiliated with you or the forum in which you publish your articles. You have a "nominative fair use" right to use those names and marks.

As for the photographs of the products, however, you have no right to use any photographs that are owned by someone else. Copyright "fair use" is a different concept and, in my opinion, does not apply in the situation you describe. I think you need a license from the copyright owner of the photographs.
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Gerry J. Elman

Gerry J. Elman

Contributor Level 4
I've gotta agree with Pamela and Daniel about this one.

For more background on fair use, see the helpful website on that subject provided by the Stanford University library. (See web link.)

DISCLAIMER: For any specifics, consult an intellectual property attorney. This public discussion on Avvo.com doesn't generate an attorney-client relationship.
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