DSF

This has probably been asked before but how does it stand using pictures of cars for mugs etc? For example if you put a pic on a mug with an Audi or something but your not trying to pass it off as official merchandise.

Hi, and welcome to the forum!

Did you take the pictures of the cars or are you using publicity shots?

What will your product titles say? Personalised Audi Mug?

Is the Audi logo visible?

If it's a photo you've taken then you're gonna be doing better than using stock imagery. But you can't use the Audi logo, and even using the Audi name may get you some unwanted attention.
Whether or not you are trying to pass it off as official merchandise isn't really the issue, it's more that you are profitting from the use of VAG IP - i.e. you would't have a sale if it wasn't for them, so they could argue they deserve a percentage of your takings.

I am no expert but I understood that if it was a photo you had taken yourself or had paid someone else to take for you (and they assigned all rights in the image to you) AND the photo was taken in or from a public place then there would be no issue over copyright - otherwise nobody would be able to take a photo of anything anywhere and use it for commercial purposes which would mean that something like a city center wedding or fashion shoot would become a legal nightmare with the written permission, and waiver of rights in the image, of the owner of every building in the back ground and every member of the public in the back ground would have to be obtained before a single photo could be used.

So long as you didn't try to pass off, in this case a mug, as being official merchandise you should be ok.

Obviously if you didn't take the photo or commission it to be taken (with full rights in the image assigned to you) or you have written permission from the rights owner expressly permitting you to use the image on a mug for commercial gain or you just downloaded it from the internetor you scanned the image, you would indeed be in a very dodgy position and leave yourself open to at best a stiffly worded letter from some corporate lawyers or possibly up in front of the beak.


Arthur

Arthur Daley is spot on here.

You can take a photo of an Audi and even title your merchandise as PICTURE OF AUDI ON A MUG

You can NOT put OFFICIAL MERCHANDISE on there anywhere.