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Product Copyright in Advertising


#1
Hi All,

I have a quick question regarding copyright.

I am producing a series of web adverts for a company who are giving away an iPod touch. Is it ok to use an image of an iPod Touch in the advert itself, also in one of the ads it is a series of frames that look like they are on an iPod Touch screen, do you know if this is going to be ok?

Thank you.
 

blueocto

Senior Member
#2
Depictions of Apple Products
1. Endorsement or Sponsorship: Apple does not support the use of its logos, company names, product names, or images of Apple products by other parties in marketing, promotional or advertising materials as their use may create the perception that Apple endorses or sponsors the product, service or promotion.
2. Compatibility: If you are a developer, you may show an image of an Apple product in your promotional/advertising materials to depict that your product is compatible with, or otherwise works with, the Apple product or technology, provided you comply with the following requirements:
a. Your product is in fact compatible with, or otherwise works with, the referenced Apple product.
b. The image is an actual photograph of the genuine Apple product and not an artist’s rendering (Note: You must obtain express written permission from Apple before using any photograph owned or licensed by Apple).
c. The Apple product is shown only in the best light, in a manner or context that reflects favorably on the Apple products and on Apple Inc.
d. The reference to Apple does not create a sense of endorsement or sponsorship by, or other false association with, Apple or Apple products.
Not sure if that helps?
 
#4
I think you need to be quite careful here - I would recommend getting in touch with Apple's marketing people and also ensuring that any photography that you purchase has the correct licencing and property releases. Without both, either Apple or the photographer or the photo agency would have a solid case to sue and it potentially could cost thousands. Big business is clamping down at the moment on photo usage - probably the highest profile case is by agency Getty and a removal company
 
#5
I would say it is the clients responsibility to clear this. I've done similar jobs in the past and as long as you make it clear (I have a section in my T&Cs for this) that the client is responsible for all copyright/ image clearances, I'd just do it. Inform them of what you've found in relation to the imagery and let them make the call.