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Join Date: Sep 2001
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True. Photographs are usually covered under copyright.

http://www.legalzoom.com/trademarks-faq/trademark-versus-copyright-protection.html

The choice between registering a trademark and a copyright is not always a clear one. Trademark and copyright registration are both means of protecting the intangible rights of intellectual property. There are, however, important differences between trademark and copyright protection.
Copyrights are a form of protection for the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works.

Copyright does not cover intellectual property such as titles, names, short phrases, and slogans; familiar symbols or designs; or mere variations of typographic ornamentation, lettering, or coloring. This type of intangible property is often more appropriately protected by a trademark. Think of memorable advertising slogans you have heard. Chances are these slogans are protected by a trademark of some sort. They are unlikely to qualify for copyright protection.

A trademark protects a word, phrase, symbol or design or a combination of these, that identifies and distinguishes the goods or services of one person or company from those of others.

Some things, such as ornate logos, may qualify for both trademark and copyright protection. This is because the amount of original authorship in a logo can vary greatly. Most highly recognizable logos are extremely simple objects, such as the Nike “swoosh.” However, a more ornate logo with a great deal of original authorship might qualify for both trademark and copyright protection.

To protect the name of your company, your newly designed logo or a catchphrase, a trademark is probably what you need. To protect your latest gallery worthy painting, the next great American novel or even a brilliantly choreographed dance sequence, a copyright is probably the best route for you.
Old 07-15-2008, 11:06 AM
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