Boise, ID asked in Copyright for Idaho

Q: I took a photograph of a planter pot. With basil that is mass produced can put it on my blog

I just wanted to do a informative post about plants. The pot is just a big part of my photo I wanted to make shure it was fair use they dont give any one permission to take photos I bought the pot my self but is it considered a prop

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1 Lawyer Answer
Barbara Berschler
Barbara Berschler
  • Intellectual Property Lawyer
  • Rockville, MD

A: Is there something distinctive about the pot that makes you worry? If it has trademarks or other brand related markings, you may wish to see how best to remove those. For example, are you able to edit the photograph so that the pot is not prominent? Can you make the pot portion of the photograph be out of focus or the markings on the pot blurry? If you are really concerned, best to have an attorney familiar with copyright and trademark issues help you decide whether there is a reason for concern.

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