Why my upcoming art book can’t include this photo

I had hoped to include this photo of a Coca-Cola vintage advertisement, painted on this Schenectady building, as part of an upcoming self-produced art book called “Ghost Signs of the Capital District.”  It was actually one of the first ghost signs (faded brick advertisements painted on old buildings) that I was able to photograph for the project.  Since then, I’ve found at least 40 other ghost signs in the Albany, Schenectady, Troy, Cohoes and Gloversville areas.  And so, my plan was to put together a self-produced book through the website blurb.com, who would print my book on demand for anyone interested in purchasing it.  I could then use the book for promotional / portfolio purposes, as well as making a few extra dollars to sock away for a dream camera lens, a Nikon Noct F/1.2 58mm lens.  Oh man, I want that Nikon Noct F/1.2 58mm lens…

But there’s a problem.  And it’s right up there on the top of the picture.

The words “Coca-Cola.”

See, Coca-Cola is a registered trademark of The Coca-Cola Company, and they protect their copyright very scrupulously.  It would be the same issue if I put a picture of Mickey Mouse or the Beatles or Charlie Brown in an art book.  If I don’t get permission from the trademark holders, then – well, worst case scenario would be that my book could get pulled off the market, and I’d be liable for back licensing costs and whatnot.

So, rather than cause a problem, I decided to contact Coca-Cola directly and request permission.  I sent a letter, along with a copy of the photograph, to Coca-Cola’s corporate headquarters in Atlanta, Georgia.  Four weeks later, I received a reply.

Dear Mr. Miller:

Thank you for contacting us regarding the use of our trademark.  We appreciate your loyalty and interest.

While we are complimented by your inquiry, it has become necessary for us to limit the number of requests granted by our Company.  We regret to inform you that your request does not fit into our plans for the use of our trademark.  Please know that this decision is not a reflection on you or your company, but rather a matter of policy.

We sincerely appreciate your interest in The Coca-Cola Company and regret we could not respond in a more positive way.

Sincerely,

/s Tom Barber

Tom Barber

Industry and Consumer Affairs

The Coca-Cola Company

My photograph of the Coca-Cola advertisement in Schenectady was included in the form letter.  Bummer.

So this means the Coca-Cola ghost sign photo has to come out of my art book completely.  I could still use the photo for artistic competitions if I so chose – i.e., I may re-take the photo with a better angle for consideration as one of my photos for the Altamont Fair photography contest – but I can’t put it in the book.

As much as this is a disappointment, I was lucky to find a replacement photo.  A fellow photographer alerted me to the existence of a series of ghost signs for Wilson & Co., a meat and dairy store that operated in a building adjacent to the Albany Pump Station, and I went out yesterday and snapped a few shots of the various ghost signs painted on that building.  It may not be the same as Coca-Cola, but it doesn’t mean that I’ve given up completely on the art book project.