Business

A judge has ordered in the Lenz v. Universal Music case that copyright owners must consider whether an unauthorized use of a copyrighted work qualifies as fair use before sending a “DMCA takedown notice.”  A takedown notice is used by copyright owners to ask Internet Service Providers (ISP) to remove their materials that have been posted without permission.  Get instructions on how to send a DMCA takedown notice in my article.

Trademarks (or servicemarks) allow people to identify the source of goods or services, not the products or services themselves. When people see your trademark, they will know where the product came from or who is providing the service. Trademarks can be names, symbols, packaging, the shape of a product, the colors of a product, the sounds, or scents associated with the product, or any combination of these. If a customer can identify the source of a product or service based on the trademark, then you have developed “secondary meaning” and have a strong trademark. To promote, protect, and keep your business from being confused with another, you should consider establishing a trademark for your business. Once you obtain a trademark, you should vigorously defend it. Then, no one in your line of business can use your trademark.

Many photographers enter into contracts with clients where the photographer agrees to perform photography services in exchange for payment. But what happens when you don’t get paid after you’ve rendered the services? 

Text copyright Carolyn E. Wright, Esq. All rights reserved.

You’re sitting in your easy chair and surfing the web. You’re not paying much attention, until you see it. It’s your photo, but you did not post it there. You can’t believe they used your photo without your permission. Now what do you do? The steps you take may limit your ultimate remedies so be sure to not act too quickly.