Would this be trademark/copyright infringement

If a person used a picture in their website, that that they photographed themselves, that had a photo of a copyrighted photo in the background or logo. would this be legal? or did I just confuse everyone including myself...lol

 

Pretty sure it could still be considered infringement, depending on the actual usage.

here's an interesting snippet.


http://blog.fastcompany.com/archives/2005/02/02/eiffel_tower_repossessed.html

 

WOW. thanks krispy1812. good read. .....what is this world comming to.

 

Good article, but unfortunately it's not surprising.

ericandcandi, I'd think about the copyright holder whose copyright in your photo and how likely it is that they would care.

(And did you say there's a copyrighted photo in the background of your photo? Or was it something more complicated than that?)

 

For non-commercial or editorial use this should be ok.

Let me just point out that all of the Royalty free Stock agencies whom I submit photos to reject ALL photos with copyright and trademark parts in them - even something like a certain mark on a pair of shoes worn by someone in the photo!

So, if they rejcect such images, I say it is probably with good cause (they don't want to be sued).

Now, as the photo is yours, and if the copyright part is not the main subject, and the photo was taken from a public place, then you could claim fair usage and use it on your own sites no problems at all.