08 Sep, 2010 | Posted by: psnotes



YA CAN’T EAT IT TOO -- People Magazine Uses Photo without Permission, Receives Cake Invoice - When Neil Berrett quit his job in 2009, he sent his boss a kindly written resignation letter written on a cake. Last month, Berrett received an email from People Magazine asking for permission to use the photo in an article. Berrett replied asking that the magazine license the photo, but never received a response. The next day, he found that the magazine had gone ahead and used his photo. SOURCE:petapixe.coml;
http://www.petapixel.com/2010/09/03/people-magazine-uses-photo-without-permission-receives-cake-invoice?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+PetaPixel+%28PetaPixel%29

PHOTO: Neil Berrett



PROTECT THEM -- Five Things Photographers Can Do to Protect Their Images Online - Carolyn Wright, The Photo Attorney, offers ways to add some piece of mind to your online image sharing. http://blog.photoshelter.com/2010/09/five-things-you-can-do-to-protect-your-online-imag.html
NOTE: Carolyn Wright, Esq. will be speaking at the Telluride Photo Festival this September on defending and protecting your copyrights.

THE LAWYERS DIDN’T GET IT RIGHT -- Another Court Rejects Corbis’s Bulk Copyright Registration - A federal court in Arizona has thrown out a photographer’s copyright infringement claim against a book publisher on the grounds that his images were not properly registered. The images in question had been registered by Corbis, the photographer’s agency, under the agency’s widely-publicized bulk registration program.
http://pdnpulse.com/2010/09/another-court-rejects-corbiss-bulk-copyright-registration.html
TAKEAWAY: In the early days of CORBIS, the company thought to help out its member photographers by ‘bulk’ registering their images for them through a process that proved unworthy when it became tested in the courts. UPDATE: Since early last year, Corbis has been listing the titles and authors of all images that it registers in bulk on behalf of its photographers.





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18 Aug, 2010 | Posted by: psn



Who Owns the Copyright? - If I hand my camera to another person to shoot a few frames, who owns the copyright for the images? SOURCE: Carolyn Wright, Esq. http://www.photoattorney.com/?p=1492

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11 Aug, 2010 | Posted by: psnotes



CLEAN UP -- Senate votes to clean up federal copyright laws - The bill includes rule changes that will make it easier for the Copyright Office to transition to digital record keeping and allow filers to submit documents electronically.
http://thehill.com/blogs/hillicon-valley/technology/112335-senate-cleans-up-federal-copyright-laws


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04 Aug, 2010 | Posted by: psnotes



Another Update…(They still belong to Ansel.)
HOLD IT! Here's a little plot-thickener in the strange case of the disputed photo negatives of Yosemite and coastal California scenes that may or may not have been taken by Ansel Adams. According to Iser, simply owning a reproducible artifact, such as a photographic negative, a recording artist's master tape or the original manuscript of a novel, doesn't give that object's owner any rights to make copies and sell them. The copyright -- and the earnings that flow from it -- belongs to the artist and his or her estate.
SOURCE: Mike Boehm LA TIMES. http://latimesblogs.latimes.com/culturemonster/2010/07/if-purported-ansel-adams-pictures-earn-big-bucks-their-discoverer-may-not-get-to-keep-them-.html
TAKEAWAY: Looks like “The Finder’s” legal camp is basing copyright ending 70 years after the date the photos were taken. Actual copyright law says it is 70 years after the death of the (author) photographer



MISGUIDED SUIT? -- Photographer: “Despite my agency’s removal, Mr. Mackie is now suing me for copyright infringement and claiming the full measure of statutory damages, possibly $60,000 or more. All for a photograph taken on a public sidewalk, showing a woman interacting with a piece of public art, paid for by public funds. And it only depicts a small portion of the artwork at that.”
SOURCE: Geeky Swedes; Seattle's Ballard neighborhood
http://www.myballard.com/2010/07/22/photo-flap-leads-to-legal-fundraiser/


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27 Jul, 2010 | Posted by: psnotes



GET IT RIGHT -- Greek man gets £175.000 from Swedish producer of Turkish yoghurt - Why is he not amused? Greek and Turkey have a notoriously difficult relationship so being the face of Turkish yogurt has been upsetting. http://www.fastmediamagazine.com/archives/7447


PAYMENT PLEASE -- Snowboarding Photographer Labeled “Unstable” by CEO for trying to protect copyright. A snowboarding photographer battled a company for months trying to get them to acknowledge that they had used his photo without permission or payment. The photographer, Chris Messervey, has now published his months of correspondence with the company on his blog in hopes of getting satisfaction. http://pdnedu.blogs.com/pdn_pulse/2010/07/snowboarding-photographer-labeled-unstable-by-ceo-for-trying-to-protect-copyright.html
TAKEAWAY: Alert! Careful when you publish another person’s letters to you. It may be copyright infringement.



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21 Jul, 2010 | Posted by: psnotes



GET HELP -- We spend a ton of time talking about marketing photography online - helping photographers extend their reach through websites, blogs, social media, etc. So, it should be no surprise that we often get questions about protection. There are some amazing resources for photographers to learn more about protecting their copyright. We've taken a stab at gathering up *some* of the best resources we've found - mostly from industry organizations, government and nonprofits, and a few voices of wisdom in the industry.
http://blog.photoshelter.com/2010/07/photography-copyright-protection-online-resources.html

TEST IT -- What Do You Really Know About Copyright Law? - Legal issues about your photography can be confusing, but becoming knowledgeable in the area is part of being a professional in the 21st century . SOURCE: Samuel Lewis http://www.digitalphotopro.com/business/what-do-you-really-know-about-copyright-law.html


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23 Jun, 2010 | Posted by: psn




QUIT BEING PASSIVE -- Know Your (Copy) Rights - The authors of Columbia University Law School's Keep Your Copyrights website say too many creators take a passive attitude toward their copyrights. Geared toward artists the site is designed to help creators hold on to their copyrights, to license their rights on author-friendly terms, and in general to encourage creators to take a more active role in managing the life of their creative work. http://www.marylandiplaw.com/2010/06/articles/copyrights/know-your-copy-rights/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+MarylandIntellectualPropertyLawBlog+(Maryland+Intellectual+Property+Law+Blog)&utm_content=Bloglines


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09 Jun, 2010 | Posted by: psn



WATCH THE RULES. Photographic retail chain Jessops has moved to distance itself from a competition run by the supplier of its photobooks, CEWE.
Yesterday we revealed that European photofinishing firm, CEWE Photobooks, which counts Jessops as its 'biggest partner supplier', is reviewing the rules of its Europe is Beautiful competition after Amateur Photographer (AP) pointed out an apparent copyright grab.
http://www.amateurphotographer.co.uk/news/Jessops_distances_itself_from_CEWE_contest_news_298962.html


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02 Jun, 2010 | Posted by: psn




IS IT FAIR USE? Defining Non-Commercial Use - Some photographers' licenses (such as through http://creativecommons.org/ ["CC"] or their own licenses) authorize others to use their images for "non-commercial" purposes. The problem then arises as to what is a non-commercial use? What you may consider to be commercial may be considered by someone else to be non-commercial. SOURCE: Carolyn Wright, the Photo Attorney; http://www.photoattorney.com/?p=1368

DOUBLE SECURITY -- Photographer Makes Clients Sign Off on Copyright Compliance - Twice (and it works) - Stephanie explains the key is to have clients sign the order when they place it and when they pick it up. This makes it a contract issue the photographer can enforce locally and not mess with federal © law. Source; Stephanie http://photobiz-infocus.com/2010/05/20/photographer-makes-clients-sign-off-on-copyright-compliance-twice-and-it-works/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+photobiz-infocus%2FMhDm+%28In+Focus%29


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26 May, 2010 | Posted by: psn






Google Street View: breach of privacy?
Germany's consumer protection agency said that Google had acted "illegally" and failed to show respect for the privacy of its citizens with its “Google Street View”. The UK Information Commissioner has asked Google to delete information gathered on British citizens as soon as possible. Now Stephen Conroy, Australia's minister for broadband, communications and the digital economy, has told a senate committee that Google deliberately decided to collect the private information. SOURCE: Bonnie Malkin (Sydney) ; Telegraph.co.uk http://www.telegraph.co.uk/technology/google/7763461/Google-Street-View-single-biggest-breach-of-privacy-in-history.html



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19 May, 2010 | Posted by: psn



THROWN OUT -- Talk about winning on a technicality---! In a copyright infringement case brought by photographers who sued Houghton Mifflin Harcourt Publishing Company over the allegedly unapproved use of their photos, Chief Judge Loretta Preska of Manhattan federal district court ruled Tuesday that the works at issue had not been properly registered. Judge Preska threw out most of the photographers' claims in her 24-page ruling. Houghton attorney Mary Rasenberger of Skadden, a veteran of the Copyright Office, told us that Judge Preska's decision is important because photographers who don't register their works properly can't seek statutory damages; they can only seek actual damages and profits. SOURCE: Andrew Longstreth The American Lawyer
http://www.law.com/jsp/cc/PubArticleCC.jsp?id=1202458128279&Skadden_Wins_Summary_Judgment_for_Houghton_Mifflin_in_Photo_Copyright_Case_of_First_Impression


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12 May, 2010 | Posted by: psn



LOOPHOLE -- New York Court Invalidates Copyright Registrations - The first thing that an alleged infringer will do in a copyright infringement case is attempt to invalidate your copyright registration. That’s just what happened in the case of the Muench Photography, Inc. v. Houghton Mifflin Harcourt Publishing Co., et al. The U.S. District Court for the Southern District of NY ruled on Tuesday in the Muench case that the copyright registrations that Corbis made for its photographers are invalid. SOURCE: Carolyn Wright. http://www.photoattorney.com/?p=1287


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05 May, 2010 | Posted by: psn



TIT FOR TAT -- Gizmodo Caught In Copyright Crossfire. In an attempt to protect their rights, the leading gadget blog Gizmodo has been sending out takedown notices to bloggers who use their articles in full while running ads. At the same time, however, Gizmodo itself continues to infringe on the rights of photographers by using their images commercially. A true copyright crossfire. SOURCE: Ernesto; Torrentfreak. http://torrentfreak.com/gizmodo-caught-in-copyright-crossfire-100423/


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28 Apr, 2010 | Posted by: psn



HEAD FOR THE HILL -- The Stock Artists Alliance (SAA) and its allied associations’ board of directors visited with senators and members of the U.S. House of Representatives on Capitol Hill to deliver two messages: Photographers require strong copyright laws to protect their livelihood. As small business owners, photographers need access to quality and affordable health care to protect themselves, their families and employees. http://www.stockartistsalliance.org/node/804

THEFT BY CONDOM - Daryl Banks has recently run into some trouble with copyright infringement with a series of his called Crinoline Flowers. Through an anonymous tip, Daryl learned that his series was being used without permission by a condom company from the UK and China. Though he tried many times to contact the company through his lawyer, those attempts were ignored. http://www.heathermorton.ca/blog/?p=5828

IDEAS, ANYONE? -- Can Copyright Be Saved? - If there's one thing that panelists at Wednesday's ASMP copyright forum agreed upon, it's that the current copyright system is out of date. The tough question on the table, however, was how to fix the system so it works for everyone: photographers, advertisers and other content licensees, and kids who want to have fun on YouTube. SOURCE: Holly Hughes, PdNEWS http://www.pdnpulse.com/2010/04/can-copyright-be-saved.html


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21 Apr, 2010 | Posted by: psn




WHY? -- In the U.K. Eight Questions BAPLA Must Answer - When BAPLA wrote to the Government regarding the controversial Clause 43 of the Digital Economy Bill the association claimed to be speaking on behalf of a united photographic industry. It wasn’t. BAPLA ignored thousands of photographers lobbying to stop the clause. In an open letter to BAPLA, EPUK asks “Why?” http://www.epuk.org/News/947/an-open-letter-to-bapla

I’M NOT A TURK ! -- Greek man sues over portrait on Turkish yoghurt - Mainstream media have caught on to what an industry knew was always a possibility. A Greek man is suing a Swedish Yogurt company Lindahl for $6.9 million for using his portrait on packaging of Turkish Yogurt. The man dressed in traditional Greek clothing and sporting a characteristic moustache was not aware that the image had been used on the packaging since 2001 until ‘m a Swedish friend pointed it out. SOURCE: Photo District NEWS http://www.fastmediagroutup.com/archives/5680


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14 Apr, 2010 | Posted by: psn



NOT IN THE U.K. -- S43 of the Digital Economy Bill was voted out of existence in the House of Commons with the brief announcement "The noes have it". The Clause, which threatened overly broad commercial orphan works usage rights and proposals for extended collective licensing that turned copyright on its head, was dropped by the Government in response to opposition pressure. The rest of the Bill survived. http://copyrightaction.com/forum/deb-s43-voted-down

Google Library Project. -- -- Photographers File Class Action Against Google The American Society of Media Photographers (ASMP), joined by other trade associations and individual photographers, has filed a class action copyright infringement suit against Google. The suit relates to Google’s allegedly illegal scanning of millions of books and other publications containing copyrighted images and displaying them to the public “without regard to the rights of the visual creators”, ASMP says. The trade associations decided to file the class action after the Court denied their request to join the currently pending $125 million class action that had previously been filed primarily on behalf of text authors in connection with the Google Library Project. http://www.photographyblog.com/news/photographers_file_class_action_against_google/


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31 Mar, 2010 | Posted by: psn




DISSOLVED? -- Can Your Copyright Registration Be Invalidated? - One of the first things that an infringer will do in an infringement lawsuit is attempt to invalidate your registration so that you won’t be eligible for statutory damages. Fortunately, Congress recently revised the Copyright Act to make it more difficult to beat a registration. http://www.photoattorney.com/?p=1151


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23 Mar, 2010 | Posted by: psn



TRACK THOSE INFRINGERS – Eventually, photobuyers of all types will soon need to be aware and be required to fulfill a "diligent search" for rights associated with photos they find and plan to use at websites, graphic houses, books and magazines. When a potential buyer stumbles upon a photo they possibly could use, whether on a website or through searching a browser or stock agency online catalog, PicScout software can determine who owns the image through software called PicScout ImageExchange It also includes details how to license the image. A new product defeats any excuses for not doing the ‘right thing’ and licensing digital rights of the image. It fits perfectly with the requirements the upcoming “Orphan” bills are likely to impose. The ImageExchange can be installed using Firefox here: http://imageexchange.picscout.com/interest.php Explorer and Safari versions will release soon. PicScout has been tracking infringement cases since 2005 and estimates that 80 percent of images used at commercial sites are infringements. SOURCE: More info: Suzanne Matick; Public Relations for PicScout; suzanne[at]matick[dot]net; 831-479-1888 www.picscout.com 12ORPHAN

WORKS UPDATE -- “ Stop43.org.uk “- Because the British government has failed to address photographers' concerns and is trying to rush this legislation through Parliament without the opportunity for proper debate or amendments to clause 43 (formerly S42), getting S43 removed from the Bill is necessary. http://www.stop43.org.uk http://copyrightaction.com/blog/stop43-org-uk12

IMPROVING YOUR INTELLECTUAL PROPERTY RIGHTS. Talk to the IP Czar - Victoria Espinel is the U.S. Intellectual Property Enforcement Coordinator, her job is to help coordinate the work of the federal agencies that are involved with stopping illegal behavior related to intellectual property, including copyrights. Her office has requested the public to provide information about the costs and the risks along with suggestions for what the government can do to help. http://www.photoattorney.com/?p=1129 http://www.whitehouse.gov/blog/2010/02/23/intellectual-property-and-risks-public


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17 Mar, 2010 | Posted by: psn



GOOD PRECEDENT -- German Court Finds No Violation for Photographing and Licensing Photos of Property - The Photo Attorney says, “The law about property releases is often disputed. But as previously reported, no court has found that taking and selling photos of property violates any rights of the owner, unless the photographer trespasses on the property.” The case of Benjamin Ham is instructive on this subject. SOURCE: http://www.photoattorney.com/?p=1118


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10 Mar, 2010 | Posted by: psn



REGISTRATION TOOLS -- ASMP to hold major copyright symposium: “Copyright and the New Economy: Issues & Trends Facing Visual Artists.” ASMP (American Society of Media Photographers) will present an important symposium on Wednesday April 21, 2010 at The TimesCenter in New York City. The event is part of ASMP’s Registration Counts copyright initiative to encourage all photographers to register their work and to provide registration tools and information. Though leaders representing different industries and points of view on copyright will explore significant issues, challenges and trends in the day-long program.

The symposium is free of charge to all interested parties, and participants can register now at www.asmp.org/copyright


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03 Mar, 2010 | Posted by: psn





Educating Your Photography Clients About Copyrights – Scott Bourne says when a client buys a print from me, I make sure it is accompanied by a Copyright Notice – and I am not talking about a little watermark on the print. Rather, I provide a document with the photo that explains it is protected by Copyright. http://photofocus.com/2010/02/25/educating-your-photography-clients-about-copyrights/



GOOD QUESTION-- As the digital world makes creative works like writing and photography easier to be disseminated, discovered and downloaded, , the question comes up, who does this stuff belong to?????, cuz we’d like to thank them, credit them, and reward them. .
Well, as clever as the digital revolution has shown itself to be –it can’t always find the creator of the work. It’s come to be known as “orphan work”. No one knows its parent(s). What to do? Can a law be written that would solve this boondoggel? The Brits might have the answer. Here’s their proposal.
The problems with the Digital Economy Bill Clause 42 – Licensing of Orphan Works SOURCE: Editorial Photographers United Kingdom & Ireland and Carolyn Wright,Esq. the Photo Attorney. http://www.photoattorney.com/?p=1108



ORPHAN WORKS OPPOSED IN UK -- The COPYRIGHT ACTION web site gets 60,000 page views from anxious photographers, EPUK(Editorial Photographers United Kingdom & Ireland) reveals how the bill’s clause on orphan works spells an uncertain future for photographers and publishers alike. As EPUK asks what are the dangers to photographers from orphan works legislation, it becomes apparent that hazards lie ahead for publishers as well.



From ASMP:

What are “Orphan Works”?
As described in a 2005 report that the Copyright Office prepared for Congress, an "orphan work" is a work (such as an image) that is protected by copyright but whose copyright owner cannot be identified and located. It is clear that such a situation harms both creators and users. However, the remedy that was proposed to the 2006 Congress was needlessly unfair to creators, leading ASMP and many other groups to seek changes when the bill was introduced.
Victor Perlman, ASMP
----------------------------------------------------------

EPUK (Editorial Photographers United Kingdom & Ireland) believes that …
• Moral rights need to be implemented in full and made enforceable so that users of images are compelled to identify the creator as per European Library guidelines, helping to prevent creation of new orphan works as is the case in Germany.
• Although current law prohibits removal of identifying metadata it requires proof of intent to infringe. As human error, lack of care and software deficiencies routinely strip metadata proof is rarely possible, rendering the law unenforceable.
• A licensor of an orphan work will not know if minors depicted are wards of court or or otherwise protected. Model releases and exclusivity agreements will be ignored, creating liability for both the photographer and the licensing authority. Private or personal images at present protected may be licensed as orphans.
• Third party licensing will damage market value by setting a fee that does not take account of skill, cost of creation, exclusivity or value of a photographer’s reputation.
• The numerous provisions for statutory instruments are a carte blanche for future Ministers to change the rules significantly without proper consultation or Parliamentary debate.
• Unclaimed royalties will be treated as bona vacantia, diverting the creators’ income to the state.
• European Library guidelines that a non-responsive author does not make an orphan work have been ignored.
• European Library guidelines for a reasonable search are reduced to a small subset with no proposal for effective search protocols.
• The removal of exclusivity, the removal of moral right to objection and the UK licensing of work owned by aliens breaks our international obligations under the Berne Convention and TRIPS.
So where does EPUK stand with respect to the Digital Economy Bill?
EPUK:
We cannot accept blanket commercial licensing of orphan works. It sets up a free-input commercial supply channel that directly competes with and undermines our business.
We can accept some form of licensing or fair dealing exception that is limited to non-profit use within the non-commercial cultural sector. Precise drafting will be required to prevent use in competition with the commercial exploitation of the work.
We regard enforceable moral rights as a necessary and rational counter to any weakening of copyright holders’ exclusive rights.

We need an informal, low cost, quick, online method of enforcing rights and obtaining compensation for breaches. To deter infringement it is essential that the penalty for a breach is significantly greater than the lawful cost would have been, even if not all of the money charged to an infringer gets paid to the rights owner.

http://www.epuk.org/News/936/mandelson-deb
http://www.epuk.org/Opinion/848/uncle-sams-thieves-charter


http://news.google.com/news?hl=en&source=hp&q=copyright%20infringement&um=1&ie=UTF-8&sa=N&tab=wn
http://news.google.com/news/search?aq=f&um=1&cf=all&ned=us&hl=en&q=copyright+photo+infringement




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24 Feb, 2010 | Posted by: psn



WHAT’S YOURS IS OURS -- In the UK: The Digital Economy Bill ( Section 42 sections 16a, 16b, 16c enable ad hoc regulation ) is now expected to become law within the next 6 weeks. It introduces orphan works usage rights, which - unless amended, which HMG says it will not - will allow the commercial use of any photograph whose author cannot be identified through a suitably negligent search. That is potentially about 90% of the photos on the internet.
http://copyrightaction.com/forum/uk-gov-nationalises-orphans-and-bans-non-consensual-photography-in-public
Also: http://copyrightaction.com/digital-economy-bill-with-latest-amendments
TAKEAWAY: Should you start watermarking everything? No, instead deal in a narrow niche of photo needs where you are making pictures of a subject matter that appeals to you. You'll find matching publishers out there. If your photo collection is deep enough, you’ll be partners with that publisher for a lifetime.
This message above is correctly shouting to you that now it is more imperative than ever to stop considering stock photography as an arena where you snap away at generic stock pictures with no game to market them somewhere except your favorite image gallery where you reside with millions (soon to be be billions) of other images. You should instead focus on a niche of your choosing and find buyers that match your topic area of interest and hook up with them. That’s the answer and it’s a cozy way most successful stock shooters operate. Quit making ‘stock schlock’ generic photos. Period. -RE


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09 Feb, 2010 | Posted by: psn



REGISTRATION -- Should International Photographers Register Their Images with the U.S. Copyright Office? - A U.K. freelancer asks, if I as a U.K. resident put my pictures on the Web, do I need to register my images with the U.S. Copyright Office? The reason I ask is that we are no longer local, but now global. Carolyn E. Wright, an attorney who specializes in photography issues responds. SOURCE: BlackStar Rising http://rising.blackstar.com/should-international-photographers-register-their-images-with-the-u-s-copyright-office.html


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03 Feb, 2010 | Posted by: psn



HIDING INFRINGEMENT -- When the Internet Service Provider Is Immune From Copyright Infringement Liability - The Digital Millennium Copyright Act provides immunity to Internet service providers (”ISP”) that store infringing information on their servers. This protection, however, is strictly based on the service provider meeting specific requirements established by the statute: SOURCE: Carolyn E. Wright, (the Photo Attorney®) http://www.photoattorney.com/?p=1051


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27 Jan, 2010 | Posted by: psn



TIME RUNNIN’ OUT? When Does the Time Start for Your Copyright Infringment Claim? - You have the limited time of three years to make your claim when someone infringes your copyright. But sometimes you don’t find out about the infringement until after it has occurred. So when does the three years start? SOURCE: Carolyn E. Wright, Esq. http://www.photoattorney.com/?p=1040

FAIR USE? -- Court Requires That You Consider Fair Use Before Sending A DMCA Takedown Notice - 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.” SOURCE: Carolyn E. Wright, Esq.
http://www.naturescapes.net/docs/index.php/category-business/33-business/370-carolyn-e-wright-esq


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20 Jan, 2010 | Posted by: psn



OUCH! -- Carolyn E. Wright, a/k/a the Photo Attorney®, has come up with more ways to surrender your copyrights inadvertently. An easy way is to win certain photo contests. The More Rights Grabs Photo Contest is back in business.
http://www.photoattorney.com/?p=1034


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06 Jan, 2010 | Posted by: psn



FIND THAT IMAGE – Using Reverse Image Search Tools For Copyright Protection of your Photographs - TinEye is a new entry into the world of reverse image searches. TinEye allows you to submit an image and find out where it came from, how it is being used, if modified versions of the image exist, or find higher resolution versions.
http://virtualphotographystudio.com/photographyblog/2009/12/28/using-reverse-image-search-tools-for-copyright-protection-of-your-photographs/


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22 Dec, 2009 | Posted by: psn



Q&A -- How To Get (Or Give) Permission to Use a Copyrighted Work. http://www.photoattorney.com/?p=951

BOOK BURN -- French Court Finds Google Guilty of Copyright Infringement.
A French court has found Google guilty of copyright infringement for its ongoing efforts to scan books and put the content online.
The court imposed $430,000 in damages against the online behemoth and ordered it to remove online extracts of books published by French publisher La Martinière. The court also imposed a daily fine of $14,300, effective until Google pulls La Martinière extracts from its search results.
Though the French ruling applies only to France and only to a single publisher, it could provide a legal precedent for Google's increasingly controversial book scanning practice. Google began scanning books from US-based libraries five years ago and has now scanned about 10 million volumes; only 2 million of those books were scanned with the explicit consent of publishers, and about 2 million are no longer under copyright. SOURCE: Paul Thurrott
http://windowsitpro.com/mobile/pda/Article.cfm?ArticleID=103335&News=1





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24 Nov, 2009 | Posted by: psn



COPYRIGHT PROTECTION -- US Copyright Office - 23-Month Wait on Registration. John Harrington:”I am someone who strongly encourages everyone to register their copyright. On December 21, 2007, I visited, in person, the US Copyright Office to deposit a copy of my images from a specific set of assignments that took place the month prior. November 14, 2009, 23 months later (695 days), I received the envelope with my formal certificate in it. I'd like to think that this would happen faster, however, in the end, I've been protected all along. SOURCE: Photo Business News & Forum;; JOHN HARRINGTON
http://bit.ly/7UHJs6 　

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17 Nov, 2009 | Posted by: psn




CHEAP PROTECTION -- ImageRights Launches To Protect Photographers From Copyright Infringement – ImageRights a low-cost, easy to use solution designed to help protect the copyrights of photographers and stock-photo agencies. ImageRights is applying visual search and image recognition technology to track the use of photographs and illustrations across the Internet, This would enable a photographer to discover and ultimately recover fees for the unlicensed use of their works. TAKEAWAY: Let us know if this system works for you. .
http://tinyurl.com/photowallnewcategory

WUSH!… It’s GONE -- Facebook and MySpace Strip Photo Copyright Data. Some social media sites are less than helpful at letting photographers maintain control of their intellectual property, according to a new report by Christopher Reeves, Esq.. Photographers who take the time to label their photos with copyright metadata may find it's all for nothing, since Facebook and MySpace erase it anyway. SOURCE: PHOTO DISTRICT NEWS, Daryl Lang. http://bit.ly/3h8Gik


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11 Nov, 2009 | Posted by: psn





THE BRIT’S VIEW -- The UK's Intellectual Property Office ("IPO") along with the UK's Department for Business Innovation and Skills ("BIS") have published a report entitled, "© the way ahead: A Strategy for Copyright in the Digital Age." Based on the findings, read the IPO’s reported intentions. http://bit.ly/1DaM8O

ALL IS FAIR IN… -- Love, War, and Photography..but, How does fair-use law work, anyway? Shepard Fairey may have hoped to teach something new about art and copyright with his iconic "Hope" poster of Barack Obama. Instead, he is accused of lying about which Associated Press photo he used. (He says he made a mistake.) But if Fairey's lying has probably made a hash of his case and lost him a lawyer, it has also raised that pesky question yet again: Just what is fair use? Was it legal for Fairey to take an AP photo and turn it into this piece of artwork? SOURCE: SLATE. Author Tim Wu is a regular Slate contributor and a fellow at the New America Foundation. And another question, “Do you agree that it is “Fair Use” to bring the photography community this fine explanation by author Tim Wu? http://bit.ly/261srb




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04 Nov, 2009 | Posted by: psn




COPYRIGHT ON THE WEB (the “copywebrightcan‘o”) -- The UK IPO's way ahead - The UK's Intellectual Property Office has published the conclusions of its year long report into copyright in a digital age - including opening the Big Can Of Worms that is Ophan Works. The full paper is here. SOURCE: John Enser
http://the1709blog.blogspot.com/2009/10/copyright-uk-ipos-way-ahead.html

DO ARCHIVES COUNT? – Photographer wins landmark 'online' copyright ruling. . The British High Court has ruled in favour of a celebrity photographer who sued Mirror Group Newspapers for infringing his copyright in archived images that were subsequently published in digital form for newspaper back issues.
In a judgment issued on 16 October which has potentially important ramifications for the photography industry, the High Court held that Daily Mirror publisher MGN Ltd had infringed copyright in photographs included in back copies of newspapers it was making available online to paid subscribers.
http://www.epuk.org/Opinion/933/photographer-wins-copyright-infringement-case-against-mgn http://bit.ly/2qv8w9

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20 Oct, 2009 | Posted by: psn



FAIREY TALE -- Artist Admits Using Other Photo for 'Hope' Poster. Shepard Fairey, the artist whose "Hope" poster of Barack Obama became an iconic emblem of the presidential campaign, has admitted that he lied about which photograph from The Associated Press he used as his source, and that he then covered up evidence to substantiate his lie. Fairey's lawyers intend to quit representing him, SOURCE: NYTIMES, Lis Robbins , http://bit.ly/19KPXa



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30 Sep, 2009 | Posted by: psn




What’s happening
with Google’s Book Search?

Google Book Search is a service from Google that searches the full text of books. Google scans and converts the books to text using optical character recognition, and stores the book in its digital database.

Clicking a result from Google Book Search opens an interface in which the user may view pages from the book as well as content-related advertisements and links to the publisher's website and booksellers.

Through a variety of access limitations and security measures, some based on user-tracking, Google limits the number of viewable pages and attempts to prevent page printing and text copying of material under copyright.

The Google Book Search database continues to grow. Google Book Search allows public-domain works and other out-of-copyright material to be downloaded in PDF format.
According to a member of the Google Book Search Support Team, "Since whether a book is in the public domain can often be a tricky legal question, we err on the side of caution and display at most a few snippets until we have determined that the book has entered the public domain.
Many of the books are scanned using the Elphel 323 camera[3][4] at a rate of 1,000 pages per hour.[5]
The initiative has been hailed for its potential to offer unprecedented access to what may become the largest online corpus of human knowledge[6][7] and promoting the democratization of knowledge[8], but it has also been criticized for potential copyright violations.[8][9

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Important Update: On September 24, 2009 the Court issued an Order stating that the Final Fairness Hearing will not take place on October 7, 2009, and will be rescheduled for a later date in light of the parties' plans to modify the Settlement Agreement.

More on the situation:
http://www.authorsguild.org/advocacy/articles/settlement-resources.html



Google Book Search Settlement Notice to Rights-holders - Books ...
For more information about the proposed Settlement of a class action lawsuit brought by authors and publishers: www.googlebooksettlement.com


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25 Sep, 2009 | Posted by: psn




THE PRICE OF INFRINGEMENT: Sean Locke: “Keep an Eye on your Content Sources - There was an article in the LA Times yesterday on ‘Controlling Illegal use of Copyrighted Material on the Web’. The question the article brings up is ‘Are the fines too excessive for the crime?’. The point of a fine or punishment is not only to dissuade the person receiving it from committing the act again, but to also scare off others from doing the same, out of fear they will be caught as
well.” http://seanlockedigitalimagery.wordpress.com/2009/09/14/keep-an-eye-on-your-content-sources/

WHEN IS IT FAIR USE? Maria Piscopo, “I spoke with intellectual property attorney Nancy E. Wolff, who is a partner at Cowan, DeBaets, Abrahams & Sheppard LLP (www.cdas.com),located in New York. The fair use statute provides guidelines for a defense of an infringement rather than rules. It is generally not meant for commercial use of copyright-protected work without permission.
http://shutterbug.com/columns/business_trends/0909business/ SOURCE: SHUTTERBUG



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22 Sep, 2009 | Posted by: psn





The PhotoAttorney < http://www.photoattorney.com/ > reports: Rights Grabs from Infinity and Beyond! Here are more copyright grabs that are out of this world! If you enter your print in the 2009 Chicago Zoological Society Photo Contest, then you give the Society your copyright, too! http://bit.ly/kS5Ry
TAKEAWAY: Guess who the winner of these contests is.


“Life is Fun” Photo Contest
· Copyright: The copyright for submitted photos rests with the submitter.
· Eligibility: Anyone over 13 years of age and with a lifeblob account can enter this competition.
· Entry fee: Free
· Entry deadline: 15 October 2009
http://www.photocompete.com/2009/09/17/life-is-fun-photo-contest/


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16 Sep, 2009 | Posted by: psn




PICSCOUT TO THE RESCUE -- Getty sues, and wins - Getty has won a case for copyright infringement against a removal company, JA Coles. Although Coles took down the image when approached for payment by Getty, they did not pay the fee. Most companies that Getty has sued have not paid. In some cases debt collectors have allegedly been used to pursue the "debt" - which is dubious, since no contract exists - but no court action had been forthcoming, until now. This will set a prescedence. http://copyrightaction.com/forum/getty-finally-sues-and-wins


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09 Sep, 2009 | Posted by: psn





Take the Test! - How much do you know about copyright law? Check your
knowledge on Bryan Cave's Art Law blog.
SOURCE: http://www.photoattorney.com/2009/09/take-test.html


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02 Sep, 2009 | Posted by: psn





5 Things You Should Know About Photo Copyrights

We break down the laws that protect your photos.

By Kathleen Davis



1. Copyright exists from the moment you create your work and fix it in tangible form.
But while you don’t have to, registering your photos with the U.S. Copyright Office gives you the full protection of the law.
According to Michelle Bogre, an attorney and associate professor of photography at Parsons The New School for Design, if you register before your copyright is infringed (or within 90 days of publication), you can sue for statutory damages ($750 to $150,000) and legal fees. Didn’t register? You can only claim what your work might have sold for, which is hard to prove, Bogre warns.
2. Registering isn’t hard.
Go to the U.S. Copyright Office’s website (www.copyright.gov), where you can register online or download an application, and submit your work. It costs $35 online, or $50– $65 through the mail.
On a single application, you can register unpublished work from the same year as a collection, so you only have to pay the fee once for a big batch of photos. (Already published? Your photos are a collection only if they were originally published that way.)
It takes from two to six months to get your certificate of registration—unless you pay $760 to expedite.
3. You can permit broad usage without losing copyright.
Applying a Creative Commons (CC) license lets you share photos for more exposure while specifying clearly how they can be used. You keep your copyright, but others can copy and distribute your work, provided they credit you—and only under the terms you set (such as prohibiting commercial use). A CC license doesn’t give you the same protection, so apply it only after you’ve registered copyright. For more information, visit creativecommons.org.
4. Some kinds of unauthorized use don’t violate copyright.
Before you cry foul, make sure it wasn’t allowed under the fair-use doctrine or an implied contract, such as the rules you agree to by submitting your photo to a contest.
Copyrighted images can be used without permission or payment “for purposes such as criticism, comment, news reporting, teaching, scholarship, or research,” according to The Law (In Plain English) for Photographers by attorney Leonard D. Duboff (Allworth Press, 2002; $20). Exceptions have also been made for parodies and library use. Unsure? Contact a copyright lawyer.
Many photo contests (ours included) have rules that allow the sponsor to use entries for promotional and other purposes. You retain copyright, but you may not get paid.
Shot a photo for your employer, or under a work-for-hire contract? Your employer owns the copyright.
5. Copyright doesn’t last forever.
Photos taken after January 1, 1978—when the current law went into effect—are protected for 70 years after your death (ownership goes to your heirs).
SOURCE: Popular Photography Magazine www.popphoto.com

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SHOW ME THE MONEY -- Virgin puts unauthorized picture in brochure… photographers says “They should know better.”
http://mobilesyrup.com/2009/08/27/virgin-puts-unauthorized-picture-in-brochures-photographers-says-they-should-know-better/


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19 Aug, 2009 | Posted by: psn




BLUEPRINT FOR CATCHING ‘EM -- Success in pursuing damages for a photo used without permission - Christopher Boffoli's case was against a real estate agent who used one of His images in one of her commercial listings.
http://photo.net/business-photography-forum/00UD3R

HURRY UP AND WAIT -- The Copyright Office is about to publish an interim rule relating to fees for special handling of registration claims that have been pending for at least six months. Special Handling Fee to Be Suspended for Claims Pending over Six Months When Registration Is Needed for Litigation Purposes. http://bit.ly/7ovQO

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Note: We've published a lot of recent COPYRIGHT news in the last few months. To read about COPYRIGHT, check out the upper right hand column of PhotoStockNOTES and scroll down (alphabetically) to Copyright and ...click....

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