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Comment by otterley

15 hours ago

No. The producer of a good has no copyright in images made of that good by someone else. Ordinarily, the photographer holds the copyright to an image, unless it was a work for hire.

So if I buy a thing, take a photo of it, then use my photo to accompany a listing for that thing, the manufacturer of that thing has no recourse in copyright law.

Unless the design of the object is copyrightable (which it often is!) in which case the photo is a derivative work.

  • The design of an object is not copyrightable in the USA, at least. There are design patents, but taking a photo of an object that has a patented design is not a derivative work. Copyright and patent are different IP subject areas entirely.

    (IAAL, not legal advice.)