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I am working on starting a book that will include personal

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I am working on starting a book that will include personal photographs taken at a local tourist café. What do I need from the Café in order to use their name and photos taken at their establishment. Also what kind of release do I need from those submitting their photos?

LegalSolutions :

Thank you for your question. Are the tourists submitting their own pictures that they've taken or will you (or someone else) be taking the pictures?

Customer:

The tourists will be submitting photos they have taken.

LegalSolutions :

OK-- I'll be just a minute.

LegalSolutions :

Ideally you'll want two separate agreements. For the tourists, you'll want a royalty free licensing agreement--assuming that you're not paying for the photos. I can't vouch for the completeness of this document, but the link below will give you an idea of the type of agreement you're going to want:
http://www.photoshelter.com/support/license#rf


 


 

Customer:

And the establishment? I have been told that I do not have to get any release from them since people take pictures there all day everyday and their name is XXXXX XXXXX photos. Correct?

LegalSolutions :

For the Cafe you'll want a tradeXXXXX XXXXXcensing agreement allowing you the rights to use their name and any other trademarks they may own. Something along these lines would be in the right direction: http://www.sample-agreements.net/2010/10/trademark-license-agreement.html

LegalSolutions :

That's to be on the safe side.

NA and 3 other Legal Specialists are ready to help you
To simplify, if you had a large picture of a sign from the front of the cafe on the front of your book--or if the exterior is iconic, a picture of the cafe itself, it's possible there could be confusion over whether the book was a product of, or endorsed by, the cafe.

To be on the safe side it would be a good idea to get the trademark license. Please feel free to follow up if you have any additional questions.

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