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  • 4.2 Marketing Considerations
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The Zipipop office in winter 2008
Photo: Zipipop

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The subject of a photograph can be a human being, building or other private property. When such images are used in marketing, it must be noted that the use of both people and property in marketing is regulated by the code of advertising and marketing communication practice by the International Chamber of Commerce, which can be found on the website of the Central Chamber of Commerce.
In accordance with these rules, consent must be obtained for the commercial use of the likeness of the person in question. This agreement, which is internationally known as the model release, should always be made in writing, so that its existence can be proven. The model release should include a record of those purposes, to which the photograph is to be used.  In marketing, one may not, without consent in advance, photograph private property e.g. a building, in a manner that creates the impression of the owner's consent.

In marketing, one may not, without consent, use another company's name or trade mark or another person's or company's protected intellectual or industrial property rights.  For example, when organising a commercial photo shoot, one must take care that another company's protected works or products are not photographed, or they must be later removed from the marketing images.