Placing a Trademark on a Photograph
Once photographs are publicly material, such as digital photography in an online forum or printed photographs in a gallery or craft fair, they are automatically protected under intellectual property law. Placing a trademark or copyright on photographs serves as a public reminder of this protection. The design of placement is known as a watermark and also has some marketing benefit in that it implies professional status. They key is understanding how to use a trademark, or a copyright or both.
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Trademark
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A trademark provides intellectual property protection against unauthorized usage of a single word, phrase, sound, symbol, design or color scheme. It identifies the source of goods or services. A non-registered trademark is automatic once used in public and is represented by “TM” in superscript next to the end of a name or graphic, but the “TM” symbol is not required to prove ownership. It can also be registered with the U.S. Patent and Trademark Office (USPTO) and represented by an “R” within a circle in superscript. Registration offers higher protection, such as the ability to file an infringement lawsuit.
Copyright
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A copyright provides intellectual property protection against unauthorized usage of original works of authorship, such as writings, paintings and photographs. A non-registered copyright is automatic once the work is in tangible form, such as an actual photograph as opposed to the “idea” for a photograph. It can also be registered with the U.S. Copyright Office, which provides higher protection, such as the ability to file an infringement lawsuit. Both registered and non-registered copyrights use the symbol of the letter “C” within a circle in superscript.
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Usage
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A photograph qualifies for both a trademark and a copyright. For example, an original photograph might include: “©2011 ABC Photography Studio™” somewhere on it to indicate first that the photograph is original and the year it was created, and second who or what the source or owner is. In this example, adding the trademark symbol also protects ABC Photography Studio from another photography studio using its name. Neither a copyright or trademark is visibly required under intellectual property law, but it does alert the public that protection exists.
Placement
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If gallery photographs include a watermark with copyright or trademark information, it is generally small and unobtrusive — usually in the bottom-right corner. Digital photography is another matter. The Internet provides countless methods for photographers to share their work, but there are also many people who either don’t understand intellectual property law or, frankly, don’t care. As a result, a good practice to watermark digital photographs is to interrupt the image enough that the image is still visible, but the watermark is harder to remove or work around for people who want to use the photograph without permission. Watermarks should be ideally placed in the center or directly over the focal point of the photograph with at least 50 percent opacity.
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References
- Photo Credit Jupiterimages/Comstock/Getty Images
