My blog will post summaries ( w/ pic) of cooking products that are new or interesting. Do I need permission to use pics?

Business 5 views 3 answers
Blog will only have cooking products, no other commentary. The products won't be reviewed, but merely previewed. I only plan to show products I like. Product info will come from manufacturer press releases and websites. A picture will come from same companies and if clicked will direct back to the manufacturer. List price, social media sharing will be included, my readers will not be able to comment on the the products.

Attorney Answers

3
Maurice Ross ·
There is a legal way to operate a blog that reviews or recommends products. However, you are proposing to do things that are illegal. For example, you cannot use the photographs that you obtain from the manufacturers' web-sites or elsewhere without permission of the copyright owners of such photographs. Ordinarily, the photographer owns the copyright, but on many occasions ownership is transfered to companies as "works for hire" or assignments. Use of the photographs without permission would be copyright infringement---and you would not be protected by the fair use doctrine because you don't need to use the photographs in question to describe and recommend the product Of course, you could take your own photographs of the products to get around this problem. Otherwise, however, you should not be using photographs of the products unless you get express written permission from the copyright owners/ Likewise, you could run into problems if you simply copy product information provided by companies. If you use your own words to describe the products and quote from information or press releases provided by the Company that might be ok, but it would be dangerous to simply copy verbatim what the company says. For examples, recipes can be copyrighted. Likewise, instructions concerning how to best use cooking products can be copyrighted. You cannot simply republish what the manufacturers provide to customers or show on their web-sites. Also, you need to make clear on your web-site that you are not associated with the owners of the brand names which you discuss--otherwise, you could run into trademark problems. Even though you love the products, some of the brand owners might not want to be associated with your blog or you---therefore, you probably want to place prominent disclaimers (drafted by lawyers) that make clear that you are not associated with the brand owners. Further, you need to use the brand names and logos associated with the products in a manner that would avoid creating consumer confusion insofar as consumers might believe your web site is officially associated with, or endorsed by, the companies that make the products. Of course, as a practical matter if you are saying nice things about these product, there is a good chance that the companies involved will leave you alone. After all, you are giving them free promotion. But some companies are very picky about how their products are shown and advertised---particularly owners of upscale products. The Hermes people may not want to be seen on the same web-site with products from K-Mart. Thus, there are times when companies may have an incentive to cause trouble for you even if you say nice things about their products. You also will need to develop comprehensive terms of use, privacy policies and intellectual property policies----as I said above, there is a way to legally operate a web-site such as this, but you will need to retain experienced legal counsel to guide you. There are dozens or possibly hundreds of other technical and not-so-technical legal questions that you will face, and you will run into potential financial trouble if you do not retain legal counsel to guide you through the jungle of laws, regulations, and legal danger zones.
0 upvotes
Bruce Burdick ·
You are going about this wrong (illegally). You need to see an IP attorney. Stealing pictures without permission is likely copyright infringement. Review sites need pre-review by legal, otherwise they're quite risky legally. You forgot to mention your liability for errors, your potential for trademark infringement, and your need for copyright protection for your site. Get the legal help you need before you get the kind of legal "help" you don't want.
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Molly Hansen ·
If you are not going to review the products, but just promote new products that you like, I would strongly suggest that you seek permission from the manufacturers to include the desired pictures and links. As long as you are not going to say anything negative and your site will not allow readers to say anything negative, and your website has a nice format, I suspect that the product owners would love to have the free publicity. That being said, you should consult with an attorney who can help you to draft an appropriate request message that, if answered in the affirmative, will give you the rights you need to achieve your goal. Good luck!
0 upvotes

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