Subject: Re: Re: Magazine photo use

Comments:
: : Can I use a photo that appeared in a magazine that was promoting : : chicken pox vaccinations? It was a "generic" picture of a teddy : : bear with a tear running down it's cheek. The impact of the photo : : would be a good fit for a pamphlet that I would like to : : develop and use. I did not notice any trademark designations.I : : : Is this considered intellectual property of the magazine? : : What are the guidelines surrounding the use of a magazine : : photo for pamphlet purposes? : : thank you. : My gut says that there is great risk in copying. It was my belief that the copyright on the magazine would cover the picture. I have not studied new case law that might put some limit on this. There is no risk if you don't copy. : If you copy and are challenged it is expensive : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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