As a beginning photographer, you are unaware of just how much the law is involved with your work, as well as others’. Kimball went out of his way to help me understand an area that he didn’t specialize in so that I could obey the law and take my photography as far as possible within the perimeters of that law. “One of the major challenges for legal institutions in regulating copyrights is simply that modern intellectual property is so easy to copy.” (Introduction to Business Law, Beatty/Samuelson, pg. 508) Like with most laws, intellectual property laws can be extremely touchy. There are many ways around particular things, as well as ways to entrap someone. For instance, some symbols cannot even be registered if they are easily recognizable and distinctive to something else already held in copyright.
The basis of this discussion was creative content ownership to set precedence that deals with intellectual property and copyright. In summary: all of your photos that are your original works are protected, and copyright is the only form of protection for photos. It is important to note the allowances in what is legal to do during public events (re: a sports game, for example) in order to prevent copyright infringement if you have posted photos without permission, as well as to protect your own photos and similar content. If someone is using a similar logo, for instance, and yours is trademarked then that is trademark infringement and you have the right to pursue legal action. “A trademark is any combination of words and symbols that a business uses to identify its products or services and distinguish them from others.” (Introduction to Business Law, Beatty/Samuelson, pg. 509) Many businesses trademark their logo, or brand, to distinguish themselves from competitors.
There are endless lists of companies that have successfully trademarked a word or symbol that is synonymous with their company brand (re: Nike, et cetera). “Under common law, the first person to use a mark in trade owns it. Registration under the federal Lanham Act is not necessary.” (Introduction to Business Law, Beatty/Samuelson, pg. 509) However, in conjunction with registered copyright, it is important to note the benefits of a registered trademark versus assuming a trade ownership. “Even if a mark has been used in only one or two states, registration makes it valid nationally. To be valid, a trademark must be distinctive—that is, the mark must clearly distinguish one product from another.”(Introduction to Business Law, Beatty/Samuelson, pg. 510) A basic understanding of these registrations will not only help you determine your own protection for your property and business, but it will prevent you from violating a competitor’s rights.
The basis of this discussion was creative content ownership to set precedence that deals with intellectual property and copyright. In summary: all of your photos that are your original works are protected, and copyright is the only form of protection for photos. It is important to note the allowances in what is legal to do during public events (re: a sports game, for example) in order to prevent copyright infringement if you have posted photos without permission, as well as to protect your own photos and similar content. If someone is using a similar logo, for instance, and yours is trademarked then that is trademark infringement and you have the right to pursue legal action. “A trademark is any combination of words and symbols that a business uses to identify its products or services and distinguish them from others.” (Introduction to Business Law, Beatty/Samuelson, pg. 509) Many businesses trademark their logo, or brand, to distinguish themselves from competitors.
There are endless lists of companies that have successfully trademarked a word or symbol that is synonymous with their company brand (re: Nike, et cetera). “Under common law, the first person to use a mark in trade owns it. Registration under the federal Lanham Act is not necessary.” (Introduction to Business Law, Beatty/Samuelson, pg. 509) However, in conjunction with registered copyright, it is important to note the benefits of a registered trademark versus assuming a trade ownership. “Even if a mark has been used in only one or two states, registration makes it valid nationally. To be valid, a trademark must be distinctive—that is, the mark must clearly distinguish one product from another.”(Introduction to Business Law, Beatty/Samuelson, pg. 510) A basic understanding of these registrations will not only help you determine your own protection for your property and business, but it will prevent you from violating a competitor’s rights.
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