Copyright for sporting events: Are logos a problem?

Mr. Nethe likes to take photos at sporting events, among others. “I have a picture, a picture, a video, a video, a video, a video, a video, a video, a video, a video, a video, Which I would like to sell limited. “


Answer by Fachanwalt Mathias Straub


Any questions? Redaktion@colorfoto.de


Valuation of the brand


There is no problem with copyright. The copyright in photography is the responsibility of the author, ie the photographer. He can freely dispose of it, alienate the image and sell it, of course. A restriction can only arise if the motifs on the picture are other copyrighted works. This is also not the case here, provided that one wishes to start from the recognizability of the illustrated cars. Rather, a problem could arise on the basis of trademark law or design protection (so-called taste design right).


Alienation protects


The name and logo of the racing team is certainly a fully protected brand name. If the brand was recognizable (which may be unlikely because of the strong alienation), the question would arise as to whether a trademark infringement is committed. Particularly in the case of well-known brands, comprehensive protection against any use by third parties exists if the appreciation of the mark is utilized. This, too, seems to be remote. This is because the photographer or the seller of such an image is "using" the mark actually placed on the photographed object. It merely depicts the reality. In the present case, therefore, this is only a legally neutral mark which is permitted in this way.


Guide: Publish photos of people - is consent required?


It could be different if the mark itself were the only decorative element of the image. However, the design of the car itself can also be protected as a so-called taste pattern. A third party may not use this design for commercial purposes, nor can it be photographed nor used in advertising or photographs thereof. Exceptions apply only to purely private non-commercial activities. The detailed representation of protected taste patterns would therefore not be problematic.


This specific problem does not arise, however, since the considerable alienation blurs the details of the design anyway. All in all, the use and sale of such photos is legally unobjectionable. This assessment is based on the information available to me. For a concrete evaluation of your individual case, an examination of the whole situation would have to take place.