QUESTION

can i post a picture of another company\\\'\\\'s original fashion product on my website without permission?

Asked on Mar 17th, 2012 on Patents - New York
More details to this question:
i am making fashion products that look almost identical to original branded products. i am not copying their logos and i am specifically mentioning on my website that my products are copies and not authorized by the original manufacturer. can i post a picture of the original branded product next to my product so customers could see for comparison?
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1 ANSWER

At this time, copyright does not protect fashion designs. However, copyright does protect photographs taken of anything, including fashion designs. If you take the photograph of the other fashion design, it may be okay. But you could get in trouble if you post a picture someone else took, like the original manufacturer. There are also other issues, such as whether the original manufacturer's trademarks are visible in the photograph that you need to be aware of before you use the photograph. You also need to consider your market - in Europe, for example, designers DO have copyright protection in their fashion designs. There may be other facts as well that would be uncovered when you talk to someone knowledgeable in this field that could affect the conclusion.
Answered on May 27th, 2012 at 9:35 AM

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