BetterPhoto Q&A
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Photography Question 

Deb James
 

Trademark necessary?


I understand the ins and outs of starting a business as we already have one for another purpose. I also understand copyrights. However, I plan to create another LLC just for selling photography. I'm just wondering if it's necessary to trademark the name?

For instance, if I put ©2006 MyPhotoBusiness on my images and "MyPhotoBusiness" is the name of my LLC which is legally registered with the state, does that business name need to be trademarked to protect the copyright? Or does trademarking just eliminate the chance that someone else can use that same name for their business?

Thank you!


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September 25, 2006

 

Mark Feldstein
  You should really ask that question of a lawyer who specializes in intellectual property. That area includes copyright and trademark law.

Generally, however, your copyright is sufficient protection so long as it's registered with the copyright office in a timely manner. If the office has a question about the holder of the right, they'll let you know.

I'm curious, however, why you need a limited liability corporation for selling stock photos. Isn't your work released? And if not, I don't know if an LLC is enough to protect you from personal liability. In theory it could be, but there are a gazillion ways to pierce various corporate veils in order to get to the assets of the corporate officers. Again, I strongly recommend that if you haven't done so yet, you talk to a lawyer who specializes in these areas.

Take it light.
Mark


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September 25, 2006

 

Deb James
  Thanks, Mark. I will definitely consult an attorney before proceeding. The vast majority of my work is nature and landscapes so there's no need for releases.

I'm looking at an LLC because it's simple to set up and it keeps our personal finances separate from the business. Our accountant initially suggested we go with this type of corporation and then we did some additional research. Other types of corporations have a lot of other legal requirements that we didn't want to have to deal with. So far the LLC has worked well for us in our screen printing & embroidery business so I think it will be fine for selling stock photography and prints.

deb


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September 25, 2006

 
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