On Mon, 23 Nov 1998, Steve Conlon <steve927[_at_]home.com> wrote:
>
> Hi, I was given the name of your list to ask a question.
>
> I have a website where I advertise golf clubs. Do I need to get
> permission to advertise a particular club, or can I post the picture
> [one I took] of the clubhead and credit the company with the make of
> the club for sale?
17 U.S.C. 113(c) says: In the case of a work lawfully reproduced in useful articles that have been offered for sale or other distribution to the public, copyright does not include any right to prevent the making, distribution, or display of pictures or photographs of such articles in connection with advertisements or commentaries related to the distribution or display of such articles, or in connectionn with news reports.
If you took the photograph (i.e., if you aren't infringing the copyright in the photographer's work), this seems to cover your situation. I'm assuming for this question that there's something copyrightable about a golf club although I have my doubts because I don't immediately see what copyrightable element is conceptually separable from the golf club -- but perhaps I'm betraying my ignorance of golf clubs. There *could* be trademark implications, although it sounds like your trademark uses are "fair," simply describing the marks on the clubs.
Gloria C. Phares
Patterson, Belknap, Webb & Tyler LLP
New York City
(212) 336-2686
gcphares[_at_]pbwt.com
Received on Wed Nov 25 1998 - 14:54:26 GMT
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