Legal Question in Intellectual Property in Tennessee
use of an image
Do I need permission from a car mfg. to use a photo one of their cars on my album cover?
1 Answer from Attorneys
Re: use of an image
Probably not. From a trademark law perspective, if it appears
that your album is, in some way, sponsored by or in any way
affiliated with, the mfg, then you could have a problem (e.g. if the
vehicle is the center of the picture and the album name, or some reference
therein, sounds like a sponsorship tie-in. "Chevy's favorite Top 10 hits"
presents an obvious TM problem. Nor do I see a copyright problem on simply
using the photo in a nonprominent way. I would not hurt to have your current
attorney send a short letter to the mfg. to ask them. Of course, if the album
is not anticipated to be a BIG seller, this could be overkill. If you are
interested in more, or do not have counsel, give me a call at 417-1040.
Sean Scally
Sean Scally, Attorney-at-Law
6053 Bradford Hills Drive