do i need a copyright or trademark for a calendar

[yeezhur]

What is the name of your state (only U.S. law)? Ga
I am planning a photoshoot for a calendar spread. The pictures will be of myself modeling motorcycles. Do I need a copyright, trademark, it any other type of protection before mass producing the calendars for sale?

 

[quincy]

What is the name of your state (only U.S. law)? Ga
I am planning a photoshoot for a calendar spread. The pictures will be of myself modeling motorcycles. Do I need a copyright, trademark, it any other type of protection before mass producing the calendars for sale?

Who will be taking the photos?

The photographer holds the copyrights in the photos he takes, absent any agreement to the contrary. If you are not the photographer, you will have to license rights in the photos from the photographer to use them in your commercial endeavor or have the copyrights transferred to you.

You will also want to get permission from the holders of the trademarks in the motorcycles.

Once you put the calendar together, you will have copyrights in the completed calendar. These copyrights are automatic but the calendar copyrights can be registered with the US Copyright Office for additional protection.

US Copyright Office: http://www.copyright.gov

US Patent and Trademark Office: http://www.uspto.gov

 

[The Occultist]

The photos automatically become copyright to you the moment you create them. Filing the copyright is not strictly necessary per se.

A trademark would apply to the name/logo you use to identify yourself/your company. Again, the trademark automatically belongs to you once you actively start using the mark. Filing the trademark is not strictly necessary per se.

Filing gives you added protection (as well as options should you need to pursue legal action), so it might be a good idea to file.

You might also want to take your idea to a local IP attorney. If you are featuring motorcycles, you will want to make sure that your calendars do not infringe on the trademarks of the companies manufacturing the bikes. This business venture is NOT one you will want to take solely based on the free advice you get on an internet forum. You are gonna wanna sit down with an actual lawyer on this.

 

[yeezhur]

Great advice. Thank you. I did not think about the trademark laws on the motorcycles. I do not want Harley Davidson coming after me that's for sure!That makes sense. This venture is entirely brandnew and still in the thought process. Im glad I came here as a first step on advice.

 

[quincy]

Great advice. Thank you. I did not think about the trademark laws on the motorcycles. I do not want Harley Davidson coming after me that's for sure!That makes sense. This venture is entirely brandnew and still in the thought process. Im glad I came here as a first step on advice.

It is smart of you to investigate the legalities at the start. Many wait until they are sued to seek legal assistance.

Good luck.