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If I have a photograph of an individual who is wearing Oakley sunglasses, but you can't really tell they are Oakley (I know they are Oakley), can I sell the image without making it for editorial use only (since I clearly don't have a release from Oakley)?  I do have a model release from the individual.

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Contains property, yes. Release, no.

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Does that mean it must be sold for "editorial use only" since I don't have a property release?

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Nope. Just RM and tick the box contains property that needs release you don't have.... Then up to the buyer to handle what use it will be for. But it will be some kind of editorial.

Edited by Niels Quist

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Does that mean it must be sold for "editorial use only" since I don't have a property release?

 

No, most likely it will mean that but a buyer can decide if they wish to use it in a way that doesn't need a PR such as changing the glasses to something more generic. Yuri Arcurs was being sued for featuring designer glasses in a lot of his images.

 

If you are going to shoot MR work, make sure that clothes and accessories are also free of any IP issues to make it a fully 'commercial' image.

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If there are no visible logos, could they just be sunglasses? Presumably the rest of the model's clothing is designed by someone who could claim IP rights?

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Thanks for all the responses.  Really helpful information!

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