Q&A: Photo in advertisement

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From The Republic (Columbus):

Q: We have an advertiser that is going to give away an iPad and is wondering if he can use a photo of the iPad in the ad. What are the laws pertaining to photo usage for an iPad?

A: I don’t see a problem in using a picture to illustrate a promotional prize. The only way the advertiser could get into trouble is if the ad conveyed the impression that Apple was endorsing the advertiser’s business or product.

I don’t see that happening in what you’ve described as the advertiser’s intent.

Contact Steve Key, HSPA executive director and general counsel, with media law questions at skey@hspa.com or (317) 624-4427.

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