Legal Question in Intellectual Property in California
I would like to photograph a neon sign of a motel that is still in business and use that picture as backround for a music CD that will be for sale. Do I need to get the motel
owners permission? Would I have to pay them to use their sign?
Brad
2 Answers from Attorneys
Your use of the motel's sign (logo, aka trademark) on your music CD cover may imply that the motel has some affiliation with or endorcement of you you/your music. The motel may not like your music and feel that your use of their logo tarnishes their reputation. The motel may feel that your use of their logo generates additional sales for you and that you are trading on their good will. Or, the motel may not care at all or consider it free advertising.
You will need to get the motel owner's permission to use their logo on your CD case to avoid an adversarial situation. Whether you will have to pay them (or how much) for use of their logo will depend on many factors. Please retain an IP attorney to completely evaluate your particular case and negotiate an appropriate agreement.
The previous answer deals with the trademark aspect. There is also a copyright consideration here.
If the sign is appears in your photograph, yes you need permission from the person who created the sign or the current copyright holder (if the sign was a work for hire). Photographing a copyrighted work is considered copying it and only the copyright holder has the right to do that. You may have noticed that occasionally in a TV interview or movie documentary that a piece of artwork on the wall has been blurred out. That's usually because the copyright owner of the art has refused to give permission (or asked for too much money).