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Intellectual Property Law Services in Hubbard, NE
Does copyright law protect my photos posted on social media?
U.S. copyright law protects creative works, and photos posted on social media are no exception. The Copyright Act protects photos posted to websites such as Instagram, Twitter, and Facebook, but only if the images meet the minimum creativity requirements, are original, and are fixed in a tangible means of expression. When a photographer captures a photograph, they make creative decisions as to the subject matter, lighting, exposure, focus, etc., which typically satisfies both the creativity and originality requirements. Photographs taken with a phone or digital camera meet the fixation requirement when it is recorded or stored in a format that can be preserved and retrieved for future use, display, reproduction, or other commercial exploitation.
![Does copyright law protect my photos posted on social media? Does copyright law protect my photos posted on social media?](https://axenfeldlawdev.wpenginepowered.com/wp-content/uploads/2023/02/DSCN0207-1024x768.jpg)
![What type of services does a trademark attorney provide to register a Hubbard trademark? What type of services does a trademark attorney provide to register a Hubbard trademark?](https://axenfeldlawdev.wpenginepowered.com/wp-content/uploads/2023/02/USPTO-FRONT-PIC-1024x767.jpg)
What type of services does a trademark attorney provide to register a Hubbard trademark?
When going through the trademark registration process, an attorney will be able to provide you with legal advice regarding your trademark, conduct a clearance search before you file an application (which will provide insight into the registerability of the mark and any potential issues that may arise during the application review process), prepare your application accurately to minimize office actions, communicate with the USPTO directly on your behalf, and shield you from fraudulent solicitations from third-party vendors. An attorney can also help you enforce and maintain your trademark rights and represent you at the USPTO’s Trademark Trial and Appeal Board.
What is Hubbard, NE trade dress?
Trade dress is the overall commercial look and feel of a product and can include the product’s packaging, features, or a combination of features. In order to be protectable, the Hubbard, NE trade dress must identify the source of the product and distinguish it from the look and feel of other products. A product’s trade dress must also be (1) distinctive – it must identify and distinguish the source of the product; and (2) non-functional – it must not be essential to the use of the product or affect its cost or quality. If the trade dress is not inherently distinctive, it can still be registered if the owner can show that it has acquired secondary meaning.
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![What if someone posted my photo and removed my Hubbard copyright information? What if someone posted my photo and removed my Hubbard copyright information?](https://axenfeldlawdev.wpenginepowered.com/wp-content/uploads/2023/02/DSCN0106-1024x768.jpg)
What if someone posted my photo and removed my Hubbard copyright information?
“Copyright Management Information” (or CMI) includes the identifying information about a work’s copyright owner, among other things. Digital Millennium Copyright Act created a separate prohibition from knowingly removing or altering Copyright Management Information. If someone has knowingly removed your watermark, the title of the artwork, the year it was created, your name, or certain other identifying information from your photo before posting it to social media, you may have a cause of action against that person. The key is that the other person must have known, or had reason to know, that their actions would induce, enable, facilitate, or conceal an infringement. The attorneys at Axenfeld Law can assess your options and determine the best course of conduct to enforce your rights.
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What is a Cease-and-Desist Letter?
A cease-and-desist letter is typically the first step in protecting your Hubbard, NE trademark rights once you determine that a third party is using your mark without authorization. The purpose of a cease-and-desist letter is to alert an unauthorized user to your trademark rights and ask the unauthorized user to cease their infringement. It also typically puts the alleged infringer on notice that if they do not stop their unauthorized use, they may face further legal action, such as a lawsuit.
While this letter does not need to be prepared by an attorney, a trademark attorney can help you craft a compelling letter, detailing all of the legal and factual bases for your demand. Furthermore, an unauthorized user is more likely to respond favorably to a letter from an experienced attorney. When successful in getting the alleged infringer to cease their unauthorized use of a mark, demand letters are the most cost effective and efficient way to resolve a trademark dispute.