dj moonbat wrote:This will sound crazy, but it's true: taking photos of copyrighted material is an infringement, even if the photos are never sold (or even distributed!). However, the doll people are unlikely to object, since they are unlikely to find out..
Guess we all better stop taking pictures of our Spyderco© knives, Ford© Mustang™ cars, and Facebook© pictures of ourselves wearing a Nike© Dri-Fit™ shirt, Levi's© 569™ jeans, and Asics© Gel Nimbus™ shoes that one time when hanging out at The Hard Rock Cafe™. Not to mention the hassle of getting model releases from everyone in the picture, including those strangers in the background! :p (<-- Just joking of course!

Or am I?:confused :)
Truth be told, photographers have a lot of protection on their side. While I'm not saying they can't be sued (people can sue over almost anything) or that there is no copyright protection for the copyright holder, free speech and fair use laws give the photographer an advantage. Since each case has to be determined on it's own merits, there is no 100% clear and foolproof determination for what is infringing and what is not.
Typically, copyright protection comes down to economic impact: does the image of the copyrighted item have an economic impact on the copyright holder's ability to sell the product? Does the use of the copyrighted product benefit the user of the photo economically? In the case of the dolls, there is little chance that the people purchasing the calendar (mostly men) are going to have their doll purchasing behavior changed by the image. Conversely, the particular dolls used in the photo are unlikely to convince people to buy the knives. Since there is no association implied between the two companies (it's not an ad for _______ Co. dolls, but for Spyderco knives that just happens to feature dolls and doesn't seem to indicate that _______ Co. endorses the Spyderco products), there is no change in perceived value of the knives or the dolls due to the presence of the other. The dolls are also generic looking enough that there is no implied sponsorship of knives by the _______ Co. that manufactures the dolls.
If -which they did- Mattel lost a case against a guy selling photos of Barbie dolls and utilizing the Barbie name (a much more easily identifiable and recognizable copyrighted product), I don't see how a case against a photo like this with a much less recognizable product would stand a chance. I'm not saying they couldn't win (remember, these things are handled on a case to case basis), but it's very unlikely. Ultimately, it would be up to Spyderco to decide if they like the picture and then determine if they think the very, very extremely slim chance of any lawsuit happening is worth it.
But there is a chance for a lawsuit in almost any of the pictures. There're many examples on
page 7 alone. Maybe the barbwire manufacturers in
jasonp1 or
psmith27's photos could say, "Hey, that is our proprietary and copyrighted twist pattern" or the publisher of the particular volume of Sherlock Holmes in
Mr. Blonde's photo could say, "We designed that exact gold gilding pattern on the cover and own the copyright". Does
Jazz have clearance to use the font he did? Did Coleman approve of
psimonl's use of their grill? What about
Wardrummer72's stapler, electric pencil sharpener or presumably-a-Dell monitor (at least he blacked out the manufacturer logo)? And then
kaniele's egregious use of the 500 S&W casing! I believe all of these are artistic interpretations of the items and are safe to use.