The Questions

All of the questions that I had asked are related to my field in one way or another. Before asking the questions I made sure that each lawyer that I had tried to contact knew that these questions would be related to Intellectual Property as much as photography.  “Copyright does not protect ideas or facts; it protects only the unique way in which ideas or facts are expressed.” (Patent, Copyright & Trademark an intellectual property desk reference, Richard Stim, pg.196)  I also informed them that even if they could not get the answers specifically but did know a little on the matter then just to give me what they knew. Here are a few of the questions that I asked and the answers I most enjoy. Do you need permission to take a picture of someone if you will not be able to recognize him or her? "That depends on what you mean by not be able to recognize. It may violate their right of publicity or their right of privacy... or not. But that's not a copyright issue, and of course it depends on what you are going to do with the photos (your private collection or use them in an ad for coca cola)". (Lawrence G. Townsend) " Sometimes, trade secret, copyright, patent, and trademark laws intersect with each other with respect to a particular product or service".( Patent, Copyright & Trademark an intellectual property desk reference, Richard Stim, pg. 6) I find this particular answer to be rather entertaining and to be honest I am unsure of why I think it is funny. Maybe it is because he answered it as if we were sitting in his office just having a normal conversation. Asking Mr. Townsend about copyright issues was an eye opener for me. “ Copyright lasts for the life of the work’s creator plus 70 years. “( Patent, Copyright & Trademark an intellectual property desk reference, Richard Stim, pg. 196) Is the entire ownership of an image regardless of what has been photographed the property of the photographer? "Copyright protects the expression of ideas not ideas or the objects depicted. It's your expression that is protected. If you take a picture of another photograph, what's protected in the other photograph is generally the expression of that photographer, not you, and therefore there probably isn't anything copyrightable for you." (Lawrence G. Townsend) " You may also find valuable information.....(See the intellectual property topic in the Legal Encyclopedia". (Patent, Copyright & Trademark an intellectual property desk reference, Richard Stim, pg. 25)   I am also partial to this question because he goes into quite a bit of detail in the answer which helps to keep me informed and shows his knowledge on the subject. These are all of the questions with answers that I asked. 


 

Q1. As a photographer how much of my work is protected under a copyright?

 

ALL OF YOUR PHOTOS THAT ARE "ORIGINAL WORKS OF AUTHORSHIP" (YOU CREATED THEM) ARE PROTECTED. 
Q2. How do I know what for of intellectual property protection is available for my work? 

 

COPYRIGHT IS THE ONLY FORM OF PROTECTION FOR PHOTOS.

 
Q3. Do you need permission to take a picture of someone if you will not be able to recognize him or her? 

 

DEPENDS WHAT YOU MEAN BY NOT BE ABLE TO RECOGNIZE. IT MAY VIOLATE THEIR RIGHT OF PUBLICITY OR THEIR RIGHT OF PRIVACY... OR NOT. BUT THAT'S NOT A COPYRIGHT ISSUE. AND OF COURSE IT DEPENDS ON WHAT YOU ARE GOING TO DO WITH THE PHOTOS (YOUR PRIVATE COLLECTION OR USE THEM IN AN AD FOR COCA COLA). 
Q4. Is it illegal to Photoshop someone's picture and put it up on the Internet even if there is no profit? 

 IT'S COPYRIGHT INFRINGEMENT TO MAKE COPIES OF OR PUBLISH PHOTOS OF OTHERS ON THE INTERNET WITHOUT THEIR PERMISSION
Q5. Is it illegal to post pictures taken of a live sporting event on the Internet? 

 

WHAT DOES YOUR TICKET ALLOW YOU TO DO? WHAT NOTICES ARE POSTED AS YOU ENTER?

 
Q6. If you get your companies name trademarked and ask other people that are using the same name to stop using it and they don't, What rights do you have against them? 

 

 IF THE PEOPLE ARE USING THE SAME NAME OR A CONFUSINGLY SIMILAR NAME AND THEY'RE USING IT FOR THE SAME OR A RELATED BUSINESS, THEN THAT MAY BE TRADEMARK INFRINGEMENT.
Q7. As a photographer how do I protect my intellectual property? 

 

TOO BROAD AND OPEN-ENDED A QUESTION. GENERALLY YOU PROTECT WITH COPYRIGHT LAWS AND COPYRIGHT ENFORCEMENT. 

 
Q8. Is the entire ownership of an image regardless of what has been photographed the property of the photographer? 

 

COPYRIGHT PROTECTS THE EXPRESSION OF IDEAS NOT IDEAS OR THE OBJECTS DEPICITED. IT'S YOUR EXPRESSION THAT IS PROTECTED. IF  YOU TAKE A PICTURE OF ANOTHER PHOTOGRAPH, WHAT'S PROTECTED IN THE OTHER PHOTOGRAPH IS GENERALLY THE EXPRESSION OFT THAT PHOTOGRAPHER, NOT YOU, AND THEREFORE THERE PROBABLY ISN'T ANYTHING  COPYRIGHTABLE FOR YOU.

 
Q9. As a photographer what is the best way for myself to stop potential people from taking my works?
  REGISTER YOUR COPYRIGHTS AT WWW.COPYRIGHT.GOV , ESPECIALLY IF CONCERNED THEY MAY BE INFRINGED. PLACE (C) YOUR NAME ON PHOTOS DISTRIBUTED TO THE PUBLIC.