copyright licensing photography
Can a person use a picture of copyrighted work commercially?
<p>I was reading a book which had a picture of a car on it. I started wondering whether the author needed to get permission or a licence from the brand, or could they use the picture without infringing copyright. (For sake of discussion suppose that the author took the photo himself.)</p>

<p>A car, or other useful object, is not generally a copyrighted work. There can, in come cases, be a copyright on the aesthetic aspects of the design, which might prohibit a different car maker from making a different car with a very similar appearance, But taking a picture of a car is not an infringement of copyright, and the photographer does not need permission from the car maker to take the picture.</p>
<p>Such a picture would itself be protected by copyright, and the book author would need permission from the photographer or other copyright holder to use the image, unless that use came under fair use or fair dealing. (If the book author took the picture, this would not be an issue, of course.) This would be true whether this was a &quot;commercial use&quot; or not. Such permission is often granted freely if proper credit is given, but that is the choice of the copyright holder, and in some cases a fee would be charged, or permission might be denied on any terms.</p>

<p>Your title and your question are two different questions. The answer to the title's question is the photo of a copyright document has the copyright of the original plus the copyright of the photographer, assuming any creativity in the photograph. So, <em>no</em> it can't be used commercially without the permission of the copyright holder or under fair use or similar doctrine.</p>
