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?


Asked on 3/12/99, 4:39 am

1 Answer from Attorneys

Sean Scally Sean Scally, Attorney-at-Law

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


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Answered on 3/30/99, 7:03 am


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