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If a person is in a photo with a trademarked or copyrighted logo/image in the background, is it considered infringement?

Submitted by LegalWizin on Thu, 08/06/2020 - 00:38

Merely a photo with a trademarked or copyrighted content does not amount to infringement. It depends on how you utilise the image. If it is just an image - no commercial strings attached, you are fine to go.

The infringement comes in the picture when you are trying to connect the protected content with yourself or product or service in any manner that deceive the consumers or third party.

Understand this with an example -

Merely clicking a photo at McD or Domino's Pizza will not charge you or me with an infringement. But if any competitor, say Burger King for McD uses the logo in the advertisement or post, that may surely bother the owner.

Also, if someone in similar line would portray having a connection with the owner or brand or product or service with support of image, that surely attracts the infringement.

I hope this help you with your query. Feel free to write in comment box, if any clarification required.