Photography logo question

[luvnbabysuli]

Is it wrong that i have created my own photography logo and stamp my photos with it even though i have no legal rights to it? (at least i dont think i do, do I?) I mean its not like i registered it or copyrighted it.

[LeeR]

As a photographer you have the rights of an artist, which means you own the copyright to the image the moment you press the shutter. What you do with the image and how you alter it is entirely up to you. Many people put logos on their images in hopes of protecting them. That is, if someone were to see your image and copy it to post on their own site, all the world would see the logo telling them who took the photo. Since it is so easy to copy and paste images on the Internet this is not entirely unwarranted. You won' t have to go far to find someone with a horror story of how their image was used on another site without credit, permission or payment.
As for your logo; the reasons for registering your logo are to protect the logo, not to give you permission to use it. A few years ago NBC abandoned the peacock symbol they had been known for since their inception in favor of a huge multicolored letter 'N.' They spent millions advertising and showing off the new logo until a man in California was able to demonstrate that he had already registered a logo very close to what NBC had designed. Too close, in fact, for the courts who ruled in his favor.
I don't remember the exact procedure for registering a logo, but it is not difficult or expensive. In the meantime, you are free to use it as you see fit provided you, A) don't infringe on someone else's logo, and B) understand your logo is not protected until you do register it.

[Doug Pardee]

Originally Posted by luvnbabysuli

I mean its not like i registered it or copyrighted it.

You couldn't do either. A logo isn't copyrightable; it's a trademark or service mark.

In the US, a trademark (or service mark) isn't eligible for Federal registration until it's already been used in interstate commerce. Your state may have state trademark and service mark registration, probably with a similar requirement that the mark has to already have been established by usage.

In general, just claiming it as a trademark or service mark is sufficient. Many trademarks aren't even registerable because they're not unique. You'd be surprised at how many well-known trademarks are unregistered.

There is a lot to know about trademarks and service marks, and why some are weak and some are strong. I recommend that you do some research, and if your trademark is important to you, see an attorney who specializes in that area.

Um, you did check to see if anyone else is already using that mark?

[luvnbabysuli]

Thanks guys for the replies, i was really unsure of whether i was breaking the law or not. This helps a lot! As for checking if anyone else was already using the mark, does goggling it count? I have only posted two photos on the web with my "logo" and they were both of my niece. So if i have stepped over any boundaries, it wont be too hard to take 'em down.