I was wondering, if you create, say, a Pepsi can prop or a Ford Truck prop, using highly realistic textures made from photos, is there a problem (legally) with selling these.  I don't think so, but would like to be sure.  :)

Hello regaltwo, There is never really 100 Percent certainty there but I'll go out on a limb and say 99.9 percent ok. Usually, in cases like this, infringement issues would only come up if the product you made was used in an unflattering way to the company involved. Otherwise it's simply free marketing exposure. And even then, it has more to do with how a customer would use it instead of you. For all practical purposes, it would be like taking a photograph of one of the products in question and then displaying the photograph at an exhibit in terms of usage. However, if you started displaying artwork with something like "Pepsi, the drink of terrorisits" as a title with well-known likenesses holding the cans, you might get a friendly letter from a large legal firm. Mark

I'm pretty sure that if the commercial props are used in an expression of art, then you are ok -- even to sell the art.  But if used in a commercial vein, like a product ad, then better get permission.

I'm not an attorney, but I do deal with copyright law in my job with the California Supreme Court pretty frequently, and I'd have to say that you're on very shaky ground here.

If your photoreal textures include the Ford or Pepsi logo, you can't reproduce them for profit without permission (the written kind) from the trademark holders.

Now, if you're just taking photos of a car with all of its bumps and flaws and using that as texture for your car, you don't owe the car maker anything, as you're not infringing on their copyright.

I'd go as far as saying that if you make a car model that's unmistakably a Mustang or Bently or Model-T you may be infringing on copyright of the design, but the likelihood of one of the companies suing for that is minimal, as you're not actually competing with them using their design.  Major movies get clearance from automakers to use their cars in a film.  I worked on a cheezy horror film many years ago and Chevy refused to let us show their cars in a horror flick.  So, every car driven in the movie is a Ford, because they let us use the cars.  Likewise, every beer consumed in the movie is a Miller product.

Hope that's at least a little helpful.  I'd just say be very careful.

Ideas do not fall under copyright protection, and as I understand (my wife works at a patent attorney office), art -- qua art, can use commercial props if the art is not commercial art; that is, the art represents an expression of ideas.

The problem is that commercial interests can still make life very difficult if an artist blatantly makes a copyright protected product the focus of his/her art, where the prop is obviously THE primary “idea” if the artwork.

Ah, you're right.  For instance, Warhol's famous Cambpell's cans. 

Where I'd be concerned is if you are making props for sale.  Let's say you have created a box of Hamburger Helper for your new fabulous Poser Kitchen set, and you clearly show the trademarked name Hamburger Helper and the brand -- is it Betty Crocker? -- on the texture for the lovingly modled vertex box.  If you're making art from your own prop, yes, I think you're fine.  If, however, you sell the Fabulous Poser Kitchen set with the texture of the box art, then I think you could be in trouble.  In that case, you'd be profiting from the sale of their art, not your own artistic impression and interpretation of their art.

But, of course, if you made your prop for "Beef Boy," instead of some trademarked name, then, you're fine.  (And personally, I find making up products to be loads of fun.) 

And there's a difference between copyright and trademark.  In the hamburger helper example, the Betty Crocker spoon is a trademark, the little hand guy with the dorky expression is a trademark, and the name Hamburger Helper in the distinctive font and coloration is also a trademark.  But the photo of the steaming heap of "cheezy" gunk on the box is copyrighted.  It gets confusing.