AdamWright
Topic Author
Posts: 602
Joined: Fri Nov 05, 2004 2:58 pm

Illegal W/out The Permission Of Airlines?

Sun Nov 13, 2005 11:37 am

I've had many people come up to me and tell me that publicly showing my pictures of aircraft with trademarked airline logos with commercial intent is illegal since it is done without the written permission of the airlines.

Whats the real deal behind all this.. are we all a bunch of illegal photographers making and selling photos without the permission of airlines?

-Adam
 
andrewuber
Posts: 2142
Joined: Tue Jul 22, 2003 10:45 am

RE: Illegal W/out The Permission Of Airlines?

Sun Nov 13, 2005 11:50 am

If you shoot a photo from public property, it doesn't matter WHAT the subject is - YOU own the photo, and you are allowed to do whatever you want with it.

If you take a photo from THEIR property (the airline) and they object, then you have a problem.

One such example: I shot photos of the first aircraft in a certain livery, uploaded them, had them accepted (made the top of 24 hours too, dammit!!) - the airline saw the photo and since it hadn't been publicly released yet - they asked me to remove the image. I quickly e-mailed the admin folks here at a.net, and within an hour my 15,000 hit photo was removed.

Such is life.

Anyway - as long as you're not trespassing, your images are YOUR images!

Drew
I'd rather shoot BAD_MOTIVE
 
Cadet57
Posts: 7174
Joined: Mon Jul 25, 2005 2:02 am

RE: Illegal W/out The Permission Of Airlines?

Sun Nov 13, 2005 12:26 pm

Quoting AndrewUber (Reply 1):
Anyway - as long as you're not trespassing, your images are YOUR images!

So on the non-airport side of the fence?
Doors open, right hand side, next stop is Springfield.
 
Newark777
Posts: 8284
Joined: Thu Dec 02, 2004 6:23 am

RE: Illegal W/out The Permission Of Airlines?

Sun Nov 13, 2005 12:33 pm

Quoting Cadet57 (Reply 2):

So on the non-airport side of the fence?

Last time I checked, airport properties are not owned by the airlines.  Wink

Harry
Why grab a Heine when you can grab a Busch?
 
JeffM
Posts: 7569
Joined: Sat May 07, 2005 3:32 am

RE: Illegal W/out The Permission Of Airlines?

Sun Nov 13, 2005 2:13 pm

Quoting AndrewUber (Reply 1):
If you shoot a photo from public property, it doesn't matter WHAT the subject is - YOU own the photo, and you are allowed to do whatever you want with it.

That is not even close to being true. You are allowed journalistic use without permission, but taking someone's picture and selling it commercially without their permission will get your tit in a wringer very fast.

Look up model release.
 
jwenting
Posts: 9973
Joined: Mon Apr 23, 2001 10:12 pm

RE: Illegal W/out The Permission Of Airlines?

Sun Nov 13, 2005 5:17 pm

And even journalistic or hobby use can have restrictions, most companies just choose not to enforce those restrictions.

There was a massive row last year (or a bit earlier) when the owners of one of New York's most prominent landmarks wanted to collect license fees for every picture with their building on it, and demanded the city enforce their rights to not have their building photographed without their permission.

In another case a company that owns a tree somewhere in the US (which is their trademark) have successfully sued people for putting pictures that show that tree (taken from land not belonging to that company) for trademark infringement.

But most companies just figure that the free publicity is well worth it and will only take action if their trademarks are used in defamatory ways or ways that would otherwise harm them.
For example doctored pictures designed to make an airline look bad would fall under that.
I wish I were flying
 
Cadet57
Posts: 7174
Joined: Mon Jul 25, 2005 2:02 am

RE: Illegal W/out The Permission Of Airlines?

Mon Nov 14, 2005 12:33 am

So basically when i bought a pic by Mark G of a Cape Air cessna and a US 732, he and i were breaking the law?
Doors open, right hand side, next stop is Springfield.
 
JeffM
Posts: 7569
Joined: Sat May 07, 2005 3:32 am

RE: Illegal W/out The Permission Of Airlines?

Mon Nov 14, 2005 12:55 am

Quoting Cadet57 (Reply 6):
he and i were breaking the law?

You are over simplifying.....

Re-read the above posts.  Wink
 
B777-700
Posts: 1244
Joined: Thu Oct 28, 1999 10:52 am

RE: Illegal W/out The Permission Of Airlines?

Mon Nov 14, 2005 4:38 am

Quoting JeffM (Reply 4):
Look up model release.

You don't need a model release for aircraft.
If you don't chew Big Red, then @#$% you.
 
INNflight
Posts: 3526
Joined: Tue Apr 13, 2004 5:11 am

RE: Illegal W/out The Permission Of Airlines?

Mon Nov 14, 2005 4:47 am

Quoting B777-700 (Reply 8):
Quoting JeffM (Reply 4):
Look up model release.

You don't need a model release for aircraft

Quoting JeffM (Reply 4):
Quoting AndrewUber (Reply 1):
If you shoot a photo from public property, it doesn't matter WHAT the subject is - YOU own the photo, and you are allowed to do whatever you want with it.

That is not even close to being true. You are allowed journalistic use without permission, but taking someone's picture and selling it commercially without their permission will get your tit in a wringer very fast.

Re-read the bold parts please...

[Edited 2005-11-13 20:49:37]
Jet Visuals
 
JeffM
Posts: 7569
Joined: Sat May 07, 2005 3:32 am

RE: Illegal W/out The Permission Of Airlines?

Mon Nov 14, 2005 5:11 am

Quoting B777-700 (Reply 8):
You don't need a model release for aircraft.

Don't be stupid, I was not refering to an aircraft.

Quoting AndrewUber (Reply 1):
it doesn't matter WHAT the subject is

That is what I was referring to...
 
B777-700
Posts: 1244
Joined: Thu Oct 28, 1999 10:52 am

RE: Illegal W/out The Permission Of Airlines?

Mon Nov 14, 2005 5:41 am

Quoting JeffM (Reply 10):
Don't be stupid, I was not refering to an aircraft.

He wasn't refering to people.
If you don't chew Big Red, then @#$% you.
 
gerardo
Posts: 3372
Joined: Sun May 21, 2000 6:22 pm

RE: Illegal W/out The Permission Of Airlines?

Mon Nov 14, 2005 5:17 pm

So, what now? We don't need a model release contract for photographing aircraft but can't publish the pics?

Gerardo
A tad confused ....
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