COPYRIGHT OR TRADEMARK? A question about whether the protections of copyright or trademark law apply to the business model.
I have a name for my photography business (amateur work) and I was wondering if I needed a trademark or a copyright for the name of my photography business? I am new to this and I would like to expand my photography but want all protection of my work.
Moreno Valley, CA
In short, trademark protection extends to words and logos that identify your business (i.e. brands). Copyright protection extends to original works of authorship (i.e. a collection of written poems, or photographic works).
Say for example you’re Paramount Studios, and you produce and distribute 5 movie titles. In a basic sense, PARAMOUNT STUDIOS if a protected trademark of the studio, and the 5 movie are protected under copyright as audiovisual works.In your case, you company name will likely serve as your trademark, for example, “SUNSET PICTURES” (www.sunsetpictures.com). Then, your company is in the business of producing and publishing photographs. These photographs would be protected under copyright law, and licensed for profits.
For a more thorough explanation of the difference between copyright and trademark protection as types of intellectual property, see my blog post here where I differentiate between copyright and trademark protection, and when each applies.
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Author: David N. Sharifi, Esq. is a Los Angeles based intellectual property attorney and technology startup consultant with focuses in entertainment law, emerging technologies, trademark protection, and “the internet of things”. David was recognized as one of the Top 30 Most Influential Attorneys in Digital Media and E-Commerce Law by the Los Angeles Business Journal in 2014. Office: Ph: 310-751-0181; firstname.lastname@example.org.
Disclaimer: The content above is a discussion of legal issues and general information; it does not constitute legal advice and should not be used as such without seeking professional legal counsel. Reading the content above does not create an attorney-client relationship. All trademarks are the property of L.A. Tech & Media Law Firm or their respective owners. Copyright 2013. All rights reserved.