The Questions

My questions are formatted simply. They are to the point. I saw no reason to give a bunch of lead in to the actual question. Since with lawyers time is money more than with anyone else it seems. Even though mine were short as I got to the last question he asked if this was going to take much longer because he’s hourly rate is $250, I thought that was kind of rude, because I had stated in the beginning that it wouldn’t take very long and in all the phone conversation was only 14 minutes long, which in the whole scheme of things isn’t very long. Then add on top of that the answers were short. Below you will find how the conversation went

1.     How does one go about properly protecting their own intellectual property in photography? (E.g. a photograph)

For print material and digital files they can be copyrighted.

2.      Is it a good idea to keep a lawyer on retainer once my business takes off? Then if so how much can I expect to pay for one?

3.     What’s it really take to protect my photos? Is my name, copyright symbol and the year really enough?

Yes that is but you want to register the work before infringement occurs. Startofery infringers. Harder after the fact to prove actual damages have occurred from the work that wasn’t copyrighted. His answer makes me think of this quote, “As a general rule, and infringement will be deemed deliberate if it begins after the mark in question has been federally registered, because the infringer is deemed to have notice of the existing mark”(Patent, Copyright, and Trademark. Page 412)

4.     Can a particular work flow technique for a photo be patented or protected in some way? So that at least credit can be given to the creator.

Anything has to be Novel and non obvious to be copyrighted and or trademarked. Since you’re dealing with Photoshop it’s obvious. Anyone else can take a similar route and end up with the same or at least close end results. “An invention must have novelty to qualify for a patent. In this conext, “novelty” means that the invention is different from the prior art”(Patent, Copyright and Trademark. Page 119)

5.     One day I may have a studio but right now I run out of where I live. When it’s time to move up, what is the proper process to take and when should a lawyer of any kind be involved?

No, it’s not necessary unless you’re trying to change a lease agreement, then maybe but it’s for sure not required.

6.     What are the consequences if someone uses my work in print that promotes something that has nothing to do with the photo? Is that misrepresentation worse for them?

Well, the fact that it is copied is infringement, or that it could be tm. No rep to infrig, copyright rights.

7.     Are there any negative side effects of protecting ones property?

No, you’re protecting who can use it, and how it is used. Licensing terms can however I define them.

8.     In terms of paper work, how much is involved with everything?

None since it’s all switched to online there isn’t much involved with doing it, so therefore it doesn’t take much to do so. Different forms are used to trademark and copyright. Copyright is $35

9.     What does it take to set up a trademark?

Going online and filling out the appropriate “paperwork”.

10. Have you ever had to personally deal with a situation that involved your own property and if so how did you?

John had never had to deal with it personally. However if he had he could obviously choose to represent himself but would use another attorney. So it would be kept less personal. It could take years to get a verdict for something like this.