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I'm in the process of choosing my final image for an exhibition in a London gallery. I would like to choose a photo which features a bicycle and a big billboard with Martini in big letters on it (the image can be seen on my portfolio).
Do I have the right to sell a photo with a brand name on it??
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It really depends on whether Martini object to use of their trademark...
If it were an image eg. in a poster then it would depend on whether it was central to the scene or just formed an incidental part of it. But here it's a question of trademarks rather than copyright.
eg. London underground were trying to control use of images where their logo appeared in it. Whether they had the right to, especially as you can't get away from their blasted logo no matter which way you point the camera in London, is another matter, but it doesn't stop them trying it on.
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