Reasoning of Law

Rule of Law

It was awesome getting back in touch with my childhood friend Ayonna Eagen. The interview went quick and smoothly. The following is a quick summary of the questions I asked (in bold) and how she answered them:

"How do I prove that someone has stolen a copyrighted image of mine?" "If you have your copyright registered by the Copyright Office of the Library of Congress, you can pretty much show that you own the copyright and no one else has rights to it."

"What is the best way to protect myself from having my images stolen?" "This is trickier than you think, because most people are always coming up with new ways to take things from their true owners. A patent would likely be best because it excludes others from using a product. Trademarks and copyrights don't neccasarily prevent use of a product, but they can liit how the product are used. The best and most pratical way is to always keep record of how your product is being used and who is using the product. If you notice it being used without your authorization, you may want to consult a IP lawyer."

"How do obtain permission to use a trademark logo for a photoshoot?" The general answer is to find what that company's polcies and legal rights are to that trademark and logo and then follow with that. Do not assume every company operates the same way when it comes to trademarks."

"If I were to pass away who would own the rights to my photographs?" "Photos, like any other tangible items, are personal property, and are the possesion of the owner. An owner can dispose of their property anyway they see fit. Photos can be dispersed through a will if the owner intends the photos to go to an individual or an entitiy. If the owner dies "interstate" , meaning without a will, the personal belongings belong to the estate and are divided by the interstate laws of state of residence"

"If I were to invent/develop a new type of lighting equipment or camera attachment; what are the proper steps to protect my invention?" "The best thing to do in these types of situation is to go get a patent. Patent law is complicated and lawyers have to pass a specialized bar exam for patent related work.

. "Would it be better to copyright or trademark my logo? Or should I do both and why?" Again, getting a patent is the best thing to do to make sure others cannot gain rights to it without your permission. A trademark does not neccassarily prevent people from using or selling a product and copyrights mainly protect the form of expression.

"What are the proper steps for someone/business to obtain the right to use my photographs?" "That depends if you are an idependent owner or a business/franchise. It the work is soley yours, then someone can just simply ask for permission to use your work directly from you. If a business owner with full control over a product, then it would be your policies and procedures. It is always best to have your work trademarked or copyrighted just in case.

"Can I do a photoshoot if a model is wearing clothing with a trademark logo on it? Why?" "I am not completely sure on this one. I would think that would depend on who owns the logo and the purpose of the shoot. If the shoot was for the company that owns the logo then yes. If not there may be an issue. It comes down to the purpose of the shoot I suppose ; for financial gain probably a problem and if just for fun I don't see a problem unless you used the logo in an compromising way.

"If I were too accidently have a business or advertisement in my background even though it doesn't relate to the concept of the shoot itself; would I need to obtain permission of that business/advertisment to use the photograph? How and why?" "Yes, because again, the purpose of the shoot would be in question. Taking a photo in front of a public building is not an issue, its profiting from that photo that is going to be the problem."

. "Say I did a family portrait shoot and gave the family a copy of my final edited pictures on a disc/flash drive; can that family then go a print images from the device at a photolab, walgreens, cosco, etc.?" "I would think that they could even if you had your "watermark" on the photographs." A watermark is a recognizable image or pattern in paper that appears as various shades of lightness/darkness when viewed by transmitted light (or when viewed by reflected light, atop a dark background), caused by thickness or density variations in the paper." Patents, Copyrights, & Trademarks, page 176.  If you had that mark they would not be able to take it off before printing, so in essense they are just printing out pictures that is clearly trademarked as being your product. This is a very common practice to make sure that ownership rights are not being tampered with. The watermark protects the original owner in the event that a new owner tries to claim and steal credit from the original owner.