Legal Question in Intellectual Property in California

Can I sell a products containing pictures of cars?

I am part of an Infiniti G20 Car Club. Many of the members have taken pictures of their ''own'' modified car and I am putting together a design with 5 cars per page. I have obtained permission from every owner of every car I will be using. Would I be infringing on any copyright laws by selling a calendar with pictures of the cars?


Asked on 6/27/03, 5:01 pm

3 Answers from Attorneys
D. Alexander Floum, Esq.

Re: Can I sell a products containing pictures of cars?

You need to look at trademark as well as copyright laws. Displaying the Infiniti name or logo without a license (i.e. permission) from Infiniti may constitute trademark infringement.

I would need more facts before I could advise you.

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Answered on 6/27/03, 5:57 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Can I sell a products containing pictures of cars?

I think the prospect of either a trademark or copyright suit is remote. Technically, however, you should be getting your releases in writing from the photographer (as well as from the car owner if they are not one and the same) and your releases should allude to the use you will be making of the photos.

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Answered on 6/27/03, 6:31 pm
Keith E. Cooper Keith E. Cooper, Esq.

Re: Can I sell a products containing pictures of cars?

The issue includes not only copyright, but trademark. If you are selling a calendar, I would suggest you get clearance from Infiniti for permission to use their name and copyrighted designs.

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Answered on 6/27/03, 6:54 pm


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