braddewald Posted October 15, 2014 Share Posted October 15, 2014 I'm doing a rendering for a client of a garage that will appear in a print and web ad and they're requesting using a specific car (BMW for example) off to the side in the rendering. Most 3d models of cars on Turbosquid come with an Editorial Use only clause. Does that mean it's not legal to use a 3D model of a branded car? Would it not be legal to park an actual BMW in an ad for a real life photoshoot? Link to comment Share on other sites More sharing options...
SkylineArch Posted October 15, 2014 Share Posted October 15, 2014 Perhaps if you remove any specific branding (logos, badges)? That is what they seem to so in movies and TV shows. I suppose you could always contact BMWUSA for clarification. Link to comment Share on other sites More sharing options...
Scott Schroeder Posted October 15, 2014 Share Posted October 15, 2014 Just put a BWM in there and you'll be good to go. It's the logo on the car that might get you into trouble if this is print. The car itself, that's probably okay. Link to comment Share on other sites More sharing options...
braddewald Posted October 15, 2014 Author Share Posted October 15, 2014 So do you think removing the logos would do the trick? You don't think they have a trademark on the actual contours of their car? Link to comment Share on other sites More sharing options...
Scott Schroeder Posted October 15, 2014 Share Posted October 15, 2014 It's hard to say. I think back to video games that have pretty much the exact same gun model as say a Colt 1911, but it's named differently. Keep in mind, if you bought this from Evermotion or other dealer, they may have the license for BMW and that probably transfer's down to you the user. Or at least in my crackpot legal theory. I think Mark's advice is solid. If in super doubt, contact BMW. Link to comment Share on other sites More sharing options...
braddewald Posted October 15, 2014 Author Share Posted October 15, 2014 This is the agreement: http://support.turbosquid.com/entries/21792236-editorial-use-information?locale=1 Link to comment Share on other sites More sharing options...
RyderSK Posted October 15, 2014 Share Posted October 15, 2014 I am quite sure that using it outside of focal point of image (which is to show the garage) is the very definition of 'fair-use' in US for now with cars. It's only a prop that you're using like a public object (you didn't take any private object, like taking photo of painting in gallery and re-producing that). You do answer yourself in the last sentence, it's only prop, but it's still better to modify the branding and make it literally object only. Link to comment Share on other sites More sharing options...
MarcellusW Posted October 15, 2014 Share Posted October 15, 2014 Would this same understanding apply to pictures of book covers to use as textures for props? Is this perhaps an issue similar to the golden age of napster before people realized it was against the law? The difference being the scale and relative obscurity of this industry. Has anyone gotten legal consultation on the subject? This has been nagging me for a couple months now. Link to comment Share on other sites More sharing options...
notamondayfan Posted October 16, 2014 Share Posted October 16, 2014 As far as I understand an editorial clause means you can't use a rendering of the car one something you plan to resell. For example, you couldn't render the car, then put it on a T-shirt to then sell the T-shirt. If it's being used as a prop, then it's no different from photograhpy IMO. If you're really unsure contract Turbosquid, their live chat is really good. Dean Link to comment Share on other sites More sharing options...
Zdravko Barisic Posted October 16, 2014 Share Posted October 16, 2014 Why buying car if you can use it in your renders? It's pointless... Link to comment Share on other sites More sharing options...
M V Posted October 16, 2014 Share Posted October 16, 2014 What happens if you take a photo of a house with a BMW out front? Are you supposed to Photoshop the logo out? I doubt BMW is suing rendering artists. They have much bigger fish to fry. Link to comment Share on other sites More sharing options...
Scott Schroeder Posted October 16, 2014 Share Posted October 16, 2014 What happens if you take a photo of a house with a BMW out front? Are you supposed to Photoshop the logo out? I doubt BMW is suing rendering artists. They have much bigger fish to fry. I just think about TV shows, like Mythbusters, where they put the black pieces of tape over the logos of the cars they drive. They have to cover the logo for a reason. A big reason might be is that in that photo or TV spot, you don't want to give the impression that the car manufacturer supports or sponsors, without their written permission, what you are showing. Link to comment Share on other sites More sharing options...
braddewald Posted October 16, 2014 Author Share Posted October 16, 2014 I spoke with the client and they agreed to remove all the logos and any other brand-identifying markings from the car to be on the safe side. Hopefully that will be good enough. I find it funny that all those cars on sale at Turbosquid have "Editorial Use Only" licenses and they give news stories as an example - they have to know that people aren't using their products for news stories. Link to comment Share on other sites More sharing options...
notamondayfan Posted October 17, 2014 Share Posted October 17, 2014 I just think about TV shows, like Mythbusters, where they put the black pieces of tape over the logos of the cars they drive. They have to cover the logo for a reason. A big reason might be is that in that photo or TV spot, you don't want to give the impression that the car manufacturer supports or sponsors, without their written permission, what you are showing. Sometimes you'll see TV channels do this so they don't promote the brand, rather than fear of being sued. I think Channel 4 (UK) has a policy like this, and they don't show branding on any shows. I really don't think car manufacturers could / would sue anyone for using their cars. Have you ever seen Top Gear (UK) where they test a car and completely slate it? Now if the car manufacturers really had that sort of control, don't you think their first complaint would be against car review programs? Also look at cop shows, where the bad guys use a car for a bank-job, do car manufacturers stop the use of their cars as it could be seen as an ideal get-away car?! Putting a car on a render isn't really something to worry about at all!!! Link to comment Share on other sites More sharing options...
braddewald Posted October 18, 2014 Author Share Posted October 18, 2014 (edited) I really don't think car manufacturers could / would sue anyone for using their cars.... Also look at cop shows, where the bad guys use a car for a bank-job, do car manufacturers stop the use of their cars as it could be seen as an ideal get-away car?! It's called Product Displacement and in the Wikipedia entry they actually cite an example of something very similar to what you are talking about: According to Danny Boyle, director of 2008 film Slumdog Millionaire, the makers had to resort to "product displacement" when companies such as Mercedes refused to allow their products to be used in non-flattering settings. While they didn't mind having a gangster driving their cars, they objected to their products been shown in a slum setting. This forced the makers in post-production to remove logos digitally, costing "tens of thousands of pounds". As for it not being something to worry about, I'm definitely known for being too worried about things but the Turbosquid license agreement was very explicit in stating it is only for use in news stories (which I still find extremely odd) so that threw up a red flag. Edited October 18, 2014 by braddewald Link to comment Share on other sites More sharing options...
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