The Questions

The Questions

Developing questions to ask a lawyer covering the subject of intellectual property, "Intellectual Property refers to products of human intellect that have commercial value and receive legal protection" Patent, Copyright & Trademark, Attorney Richard Stim, page 4, was simple and a learning experience in itself. I am a photographer, but I rarely sit down and contemplate worst case senarios if someone stole my images or if I can actually use that trademark on a models shirt during a shoot. So I kept it simple and came up with questions in which the answers would help me with where I am today as a photographer. The first question was straight forward and to the point. "How do I prove that someone has stolen a copyrighted image of mine?" The subject of this question is of coprights "It is important understand, however, that copyright law protects only the expression itself- not the underlying facts, ideas, or concepts" Patent, Copyright & Trademark, page 234, this question could help me today if needed I thought. I followed up that question with one on the same topic, but at a more of a preventing tone. "What is the best way to protect myself from having my images stolen?" Its almost the same question, but the first was as if someone had already stolen an image of mine and the second pertained more of preventing anything from happening in the first place. My next question involves something I have to think about as a father and husband; it's almost like life insurance to me. "If I were to pass away who would own the rights to my photographs?" "...works granted such right by law on or after January 1, 1978, are protected for the lifetime of the author or creator and for a period of 50 years after his/her death." Patent, Copyright, & Trademark, page 67

Its a little depressing to think about, but I think its a question that I need answer just incase something did happen to me. The question after that was more about me inventing and patents. "A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an invento or their assignee for a limited period of time in exchange for public disclosure of an invention." Patent, Copyright &Trademark, page 27 "If I were to invent/develop a new type of lighting equipment or camera attachment; what are the proper steps to protect my invention?" I think I know the answer to this already, but would love to hear the answer from someone that practices law. My next thought dealt with my curiousity on to which was the best thing me, as a photographer, to do with my logos. "Would it be better to copyright or trademark my logo? Or should I do both and why?" "Copyright is the exclusive right to make copies, license, and otherwise exploit a literary, musical, or artistic work, whether printed, audio, video, etc" Patent, Copyright & Trademark, page 107

Recently I had a client ask if he could use my images I shot for his men's tie company called Dapper Industies for a online magazine called "URBFASH.com" who was conducting an interview with him as designer and owner. Heres a link to the article (link). He wanted to use some images from the photoshoot we just did for the magazines spread on him. This question came to mind because of that situation. "What are the proper steps for someone/business to obtain the right to use my photographs?" My next question involves the use of trademarks.
"A trademark is a proprietary term that is usually registered with the Patent and Trademark Office to assure its exclusive use by its owner." Patent, Copyright, & Trademark, page 26"Can I do a photoshoot if a model is wearing clothing with a trademark logo on it? Why?" " Trademarks...any name, symbol, figure, letter, word, or mark adopted and used by a manufactuer or merchant in order to designate his or her goods and to distiguish them from those manufactured or sold by others." Patent, Copyright, and Trademark, pg.22 The follow up question to that relates to the answer of the previous question. I believe both questions needed to be asked. "How do obtain permission to use a trademark logo for a photoshoot" I have realized that most of my questions are based on scenarios that might come up during a shoot and I want to know enough on the subject to protect myself. "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?" My final question relates to something that I do all the time, I just want to make sure I am not doing anything wrong with my work flow. "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 feel as if all of my questions could help me as a photographer today. That is the concept I had in my head while forming the questions needed to as a lawyer.