22 Apr, 2014 | Posted by: sellmyphotos


SHE SLIPPED ON

THIS BANANA

-- Seventh Circuit Affirms Dismissal Of Banana Lady's Copyright Infringement Suit - Tamlin H. Bason: “A singing telegram performer's copyright infringement claim, which was asserted against a number of credit unions who had hired her to sing at a trade association event and was based on the defendants' alleged inadequate instructions to audience members about their limited right to film the plaintiff's performance, “has no merit.”’ SOURCE: http://www.bna.com/seventh-circuit-affirms-n17179889620/




22 Apr, 2014 | Posted by: sellmyphotos





08 Apr, 2014 | Posted by: sellmyphotos

DEFENDANT ENDS

UP OWNING IT…


AP:
“Former college football star Desmond Howard will get the copyright to a famous photo of him in a Heisman Trophy pose after scoring a touchdown against Ohio State in 1991.
Attorneys for Howard and photographer Brian Masck announced the agreement recently. Masck still is expected to benefit from commercial use of the photo, which was taken when Howard played for Michigan.
http://espn.go.com/college-football/story/_/id/10714820/desmond-howard-photographer-settle-dispute-91-photo
PHOTO: Brian Masck
For earlier articles on this subject, search for Desmond Howard in the PhotoStockNOTES search bar on page 1.


08 Apr, 2014 | Posted by: sellmyphotos







PROTECTION -- From the PhotoAttorney:Image Witness provides an easy, time-efficient process that creates opportunities to manage the use of your licensed images and also to discover infringements when they happen. SPECIAL: Image Witness is extending a former offer to anyone that missed out. This will be valid for the next 3 days only (the offer expires at midnight, April 12, 2014 EDT) and only for the first 50 photographers who take advantage of this offer. If you signup for any paid plan and use the promo code (PHOTOATTR14), Image Witness will give you 2 months free coverage.” SOURCE: http://www.photoattorney.com/image-witness-giveaway/



CAN’T COPY IDEAS -- Court Reminds Michael Kenna: Copyright Protects Expression, Not Ideas - David Walker: "A ruling in a copyright infringement case involving photographer Michael Kenna has affirmed the principle that copyright does not protect ideas (or choice of subject matter). It protects only the expression of an idea. http://pdnpulse.pdnonline.com/2014/03/court-reminds-michael-kenna-copyright-protects-expression-ideas.html





Appeals Court Upholds Copyright Infringement Damages Award to Louis Psihoyos - David Walker: “ A federal appeals court in New York has refused a textbook publisher’s request to reduce a $130,750 award that a jury granted to photographer Louis Psihoyos last year for copyright infringement. http://pdnpulse.pdnonline.com/2014/04/appeals-court-upholds-copyright-infringement-damages-award-louis-psihoyos.html



01 Apr, 2014 | Posted by: sellmyphotos


HARMLESS TWEET

-- Library Claims Copyright Infringement. - James Kosur: “A patron of the library recently posted a Twitter picture from the library and he was quickly met with threats of legal action.. According to officials, the photo violated copyright laws because the patrons in the photo didn’t give permission for the image to be taken. SOURCE: http://socialnewsdaily.com/27459/library-claims-copyright-infringement-over-harmless-tweet/
TAKEAWAY: Because the LIbrary of Congress is a public place (we all pay taxes for its upkeep) this should be no problem for the cameraman.


01 Apr, 2014 | Posted by: sellmyphotos





Court Awards Maximum Statutory Damages for Copyright Infringement - Carolyn E. Wright: Courts are not letting infringes run or hide these days. Such was the case in Washington last week. Getty sued a Florida couple for using 12 of Getty’s photographs of cats and dogs for their home-based website design company. The defendants design websites for veterinarians and veterinary clinics, doing business as “Vet Web Designers.” SOURCE: http://www.photoattorney.com/court-awards-maximum-statutory-damages-copyright-infringement/

25 Mar, 2014 | Posted by: sellmyphotos

ALASKA STOCK INC.

GETS JUSTICE


-- Ninth Circuit Court Finds Copyright Registrations Valid - Carolyn E. Wright, Esq.: “In a nice turn of events for photographers, the Ninth Circuit Court of Appeals ruled today that Alaska Stock’s copyright registrations are valid, in stark contrast to what happened in Muench Photography, Inc. v. Houghton Mifflin Harcourt Publishing Co., et al. It’s wonderful for photographers to get this justice! http://www.photoattorney.com/ninth-circuit-court-finds-copyright-registrations-valid/


25 Mar, 2014 | Posted by: sellmyphotos





DEATH OF A SALE -- Kona artist sues CafePress for alleged copyright infringement - Erin Miller: “In this case, someone’s decision to upload his work, likely by scanning either a giclee print or a calendar image, cost Parker a $250,000 contract with a Dubai company. That company was intending to use the image on 25,000 towels, but when they learned the image was also on CafePress, they canceled the order. SOURCE:
http://tinyurl.com/nfxon43
http://westhawaiitoday.com/news/local-news/kona-artist-sues-cafepress-alleged-copyright-infringement



TOUGH TO PROVE -- Peter Black: “Tarantino is suing Gawker for copyright infringement after the website "leaked" the director's unproduced, 145-page "The Hateful Eight" script on their website.
Gawker claimed that Tarantino was responsible for the leak, as the script was originally posted on Anonfiles, which Gawker simply posted a link to.”
http://www.designntrend.com/articles/12098/20140326/quentin-tarantino-gawker-concocted-story-about-leaked-hateful-eight-movie-script.htm

18 Mar, 2014 | Posted by: sellmyphotos






IT’S CALLED IGNORANCE
The Fancy.com Uses Major Loop Hole In The Law To Use Your Images - Gary Martin: “Several months ago I noticed a spike in our website traffic from a fairly large website called “The Fancy.”, In short, they replied: “No knowledge that the material posted by our member was infringing any copyright.” SOURCE:
http://fstoppers.com/the-fancy-com-uses-major-loop-hole-in-the-law-to-use-your-images


11 Mar, 2014 | Posted by: sellmyphotos

MODEL’S CLAIM STICKS

-- Model Release Lawsuit Survives Getty’s Challenge - David Walker: “A New York state judge has cleared the way for a lawsuit by a model who is accusing Getty Images of commercial use of her likeness without a model release. State supreme court judge Ancil C. Singh rejected last week a request from Getty to throw out model Avril Nolan’s claim on First Amendment and other grounds. http://pdnpulse.pdnonline.com/2014/03/model-release-lawsuit-survives-gettys-challenge.html

11 Mar, 2014 | Posted by: sellmyphotos





YOU SHOOT FIRST --A photographer risks being brought into a lawsuit after sending a C&D letter because the alleged infringer can ask the court to determine whether a violation has occurred.
Diary of a Copyright Infringement Lawsuit-1b (Declaratory Judgment) - Carolyn E. Wright, Esq. “In the wild, wild west, a gunslinger sometimes would point a gun at another. But before the gunslinger could shoot, the other would draw and shoot first. Similarly, when you make a claim for copyright infringement, the alleged infringer may preempt your possible infringement lawsuit by filing a lawsuit for declaratory judgment that the use is not an infringement. This may involve you in a legal action for which you may need legal counsel in a jurisdiction (court location) where you don’t want to litigate. SOURCE: http://www.photoattorney.com/diary-copyright-infringement-lawsuit-declaratory-judgment/




25 Feb, 2014 | Posted by: sellmyphotos


CHANCE TO COMMENT

-- Copyright Office Seeks Comments on Rights of “Making Available” and “Communication to the Public” - Carolyn E. Wright, Esq.: “ The U.S. Copyright Office has published a Federal Register notice requesting written comments on how current U.S. law recognizes and protects “making available” and “communication to the public” rights for copyright holders. The Notice of Inquiry is available at www.copyright.gov/docs/making_available. Written comments are due on or before April 4, 2014. SOURCE: http://www.photoattorney.com/copyright-office-seeks-comments-rights-making-communication-public/


18 Feb, 2014 | Posted by: sellmyphotos





CEASE-AND-DESIST -- Artists confront the web's pirates - Samantha Melamed: "For a few months Hannah Price was famous. More precisely, she was internet famous. In October, the website the Morning News posted a feature on City of Brotherly Love, a series of photographs Price, 27, had taken of men who cat-called her after she moved to Philadelphia. Only the site displayed Price's ambiguously titled works under a more pointed but click-catching headline: "My Harassers." Online news outlets took the bait. More than 15,000 articles and blog posts followed. And what came out of all that attention for Price? Gallery invitations? Photo sales? Commissions? "Nothing, really," she said. "It kind of stayed on the internet." SOURCE:
http://www.stuff.co.nz/technology/digital-living/30015337/artists-confront-the-webs-pirates




04 Feb, 2014 | Posted by: sellmyphotos

DOES COPYRIGHT MATTER?

Jeff Guyer: “Copyright infringement is one of those problems that never seems to go away. In a world where a photo can journey from the camera in one country to a computer halfway around the world in the blink of an eye, protecting our work has never been more important. Thankfully, registering our images for copyright protection is a fairly easy process, requiring only basic paperwork and registation fees. http://tinyurl.com/kh2mpe8
via Joe Stanski


04 Feb, 2014 | Posted by: sellmyphotos


MUCH TO HER SURPRISE -- Why Photogs Should Watch the Lil’ Kim Case - Carolyn E. Wright: Back in October, Canadian artist Samantha Ravndahl produced a step-by-step tutorial on how to create a “glam zombie” look using makeup and posted it to her Instagram and other social media outlets. About a month later, Lil’ Kim announced cover for her new single “Dead Gal Walking” and, much to Ravndahl’s surprise, the cover was her image with only slight retouching. SOURCE: http://www.photoattorney.com/photogs-watch-lil-kim-case/


28 Jan, 2014 | Posted by: sellmyphotos





SELLING HIS WORK -- St. Louis Post-Dispatch photographer tries to stop Rams fan. Jim Romenesko: ‘St. Louis Post-Dispatch sports photographer Chris Lee was surprised to learn from a colleague that one of his photos was on Twitter with a @stlramsphotos watermark on it. Lee eventually discovered that it was a Rams fan named Alvin Lawrence. http://jimromenesko.com/2014/01/14/st-louis-post-dispatch-photographer-tries-to-stop-rams-fan-whos-selling-his-work/http://

http://cover32.com/rams/2014/01/17/sports-photographer-tries-stopping-stlramsphotos-from-selling-his-work-online/ (Spencer Engel)


PHOTO: Chris Lee


21 Jan, 2014 | Posted by: sellmyphotos


SAY IT ISN’T SO
-- Getty, AFP Appeal $1.2 Million Jury Verdict in Daniel Morel Case - David Walker: “Getty Images and Agence France-Presse (AFP) have asked a federal district court to undo the $1.2 million jury verdict against them for willful infringement of photographer Daniel Morel’s copyrights, calling the verdict “a miscarriage of justice." SOURCE: http://pdnpulse.pdnonline.com/2014/01/getty-afp-appeal-1-2-million-jury-verdict-in-daniel-morel-case.html



14 Jan, 2014 | Posted by: sellmyphotos



PHOTO AGENCY SUES

BLOG for Copyright Infringement - Mickey Osterreicher: “Mavrix Photo has filed a copyright infringement lawsuit against RollingOut.com and its owner Steed Media Group Inc. for publication of photographs of Beyonce and Kim Kardashian without its permission, consent or license. http://blogs.nppa.org/advocacy/2014/01/07/photo-agency-sues-blog-for-copyright-infringement/

14 Jan, 2014 | Posted by: sellmyphotos






PHOTO AGENCY SUES BLOG for Copyright Infringement - Mickey Osterreicher: “Mavrix Photo has filed a copyright infringement lawsuit against RollingOut.com and its owner Steed Media Group Inc. for publication of photographs of Beyonce and Kim Kardashian without its permission, consent or license. http://blogs.nppa.org/advocacy/2014/01/07/photo-agency-sues-blog-for-copyright-infringement/






07 Jan, 2014 | Posted by: sellmyphotos





SUBMIT IT -- Using The DMCA To Stop the Copyright Infringement of Your Photos. Jay Lee “Over the years I have been finding more and more of my photos being used on the Web without my permission. This is a quick guide to detecting and enforcing copyright. http://petapixel.com/2013/07/10/using-the-dmca-to-stop-the-copyright-infringement-of-your-photos/




Despite the similarities, there are distinctions between copyright law in the United States and other countries. To help identify these differences with the law in Canada, Dan Pollack, an intellectual property lawyer in Toronto, and the Photo Attorney, Carolyn E. Wright, have prepared the chart below:
http://www.photoattorney.com/comparison-canada-copyright-law/



17 Dec, 2013 | Posted by: sellmyphotos





U.S. AND CANADA COPYRIGHT LAW – A comparison. Carolyn E. Wright: “Despite the similarities, there are distinctions between copyright law in the United States and other countries. To help identify these differences with the law in Canada, Dan Pollack, an intellectual property lawyer in Toronto, and the Photo Attorney have prepared the chart below: http://www.photoattorney.com/comparison-canada-copyright-law





U.S. Copyright Office Endorses Resale Royalty Rights for Visual Artists
Tracy Zwick: “At issue is whether visual artists should get a cut of the profits when their art increases in value and is resold. Congressman Nadler introduced the Equity for Visual Artists Act of 2011, which would have set aside a resale royalty of 7 percent for artists whose work was resold for over $10,000 at large auction houses.” SOURCE:
http://www.artinamericamagazine.com/news-features/news/us-copyright-office-endorses-resale-royalty-rights-for-visual-artists/




SARAH PALIN Slams “Irrelevant” Copyright Lawsuit Over 9/11 Photo - Dominic Patten: "The Fox News contributor and former Alaska Governor says a copyright infringement lawsuit against her for use of an iconic photo of the U.S. flag being raised at Ground Zero on September 11 should be tossed out. SOURCE: http://www.deadline.com/2013/12/sarah-palin-911-photo-copyright-lawsuit/


10 Dec, 2013 | Posted by: sellmyphotos


SULTRY SIN CITY STAMP

-- Artist suing over Statue of Liberty stamp mix-up - Associated Press: “An embarrassing mistake involving a Statue of Liberty stamp could come back to haunt the U.S. Postal Service. The "forever" stamp design released in 2011 was not based on the Statue of Liberty in New York harbor, as intended, but on a replica outside a casino hotel in Las Vegas (New York-New York). Now, the sculptor who made the Lady Liberty of the Las Vegas Strip is suing the government for copyright infringement. Attorneys for Robert Davidson argue in a suit filed last week that the Sin City statue was more "fresh-faced" and "sultry" than the original.
http://www.ivpressonline.com/news/nation/artist-suing-over-statue-of-liberty-stamp-mix-up/article_77fbd45e-6fbc-57ce-b670-4157a510e21b.html



19 Nov, 2013 | Posted by: sellmyphotos





THE YEAR IN REVIEW: The Year in Review - Carolyn E. Wright: “The U.S. Copyright Office will present a Copyright Matters program on Wednesday, December 4, 2013, at 2:00 p.m. Entitled Copyright Litigation: The Year in Review, the program will be held in the historic Coolidge Auditorium in the Jefferson Building of the Library of Congress. The event is free and open to the public. “ http://www.photoattorney.com/copyright-matters-program-place-december-4-2013-copyright-litigation-year-review/

12 Nov, 2013 | Posted by: sellmyphotos

$1.6 MILLION DOLLARS

AWARDED PHOTOGRAPHER


in Copyright Infringement Lawsuit
- Carolyn E. Wright: “Because Leonard did not register the copyrights to his photos until after the infringements at issue started, he wasn’t eligible for statutory damages. However, after 5 long years of litigation, a jury awarded Leonard $1.6 million dollars in actual damages on October 11, 2013. Congrats to Leonard for protecting his copyrights! SOURCE: http://www.photoattorney.com/photographer-awarded-16-million-dollars-copyright-infringement-action/


28 Oct, 2013 | Posted by: sellmyphotos


Photo Copyright Claims

Follow Book Publisher


-- Rose Bouboushian: “Pearson Education must face claims that it printed and globally distributed thousands of photos in textbooks without permission, a federal judge ruled. The publisher faces five lawsuits in New Jersey from Minden Pictures Inc. (MPI), a Watsonville, Calif.-based stock photo agency, and 12 of its photographers, including Frans Lanting , Jim Brandenburg, and Mark Moffett. SOURCE: http://www.courthousenews.com/2013/10/18/62160.htm



28 Oct, 2013 | Posted by: sellmyphotos




$30K SMALL CLAIM DAMAGE CAP – Recommendation. Alicia Wagner Calzada: “The U.S. Copyright Office has released its long awaited Report on Copyright Small Claims. The report adopts many of the positions advocated by the NPPA, including a tribunal, called the Copyright Claims Board, which would hear all types of copyright infringement cases and permit all defenses, including “fair use”. SOURCE: https://nppa.org/news/copyright-report-recommends-30k-small-claim-damage-cap

21 Oct, 2013 | Posted by: sellmyphotos






RIGHTS GRAB! – Carolyn E. Wright, Esq. “Easy Canvas Prints is trying to pull a fast one on photographers. Its terms of service states: You do not lose ownership of the Content that you design on, or upload to, the Web Site. By uploading Designs to the Web Site, however, you grant the following licenses to EASY CANVAS PRINTS™: the nonexclusive, worldwide, transferable, sublicensable right to copy, crop, reproduce, publicly display, sell, and distribute the Design in or on Products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the Web Site and Products; and the right to make modifications to your Design as EASY CANVAS PRINTS™, in its sole discretion, finds necessary to achieve the above listed purposes...” Astute Photographer, Dan Carmichael, read these terms and asked the company about these terms and got a surprising answer. SOURCE: http://www.photoattorney.com/sleasy-canvas-prints-rights-grab-2/



07 Oct, 2013 | Posted by: sellmyphotos


$32,000 UP FROM $250

-- Copyright Suit Helps British Photographer Win $32,000. He was initially Offered $250 - David Becker:: “British photographer Jason Sheldon has won a settlement of £20,000 (about $32,300 US) over a stolen image of his, after initially being offered less than one percent of that.
http://petapixel.com/2013/09/27/copyright-suit-helps-british-photographer-win-32000-initially-offered-250/


07 Oct, 2013 | Posted by: sellmyphotos





The U.S. Copyright Office is CLOSED! – (Carolyn E. Wright) Unfortunately, the U.S. Copyright Office is part of the government shutdown. While you may file a copyright claim now, the effective date may not be for a while . . . http://www.photoattorney.com/copyright-office-closed/




PUBLIC DOMAIN?




Newspaper Editor Says Posting a Photo to Facebook Makes it Public Domain – David Becker: “Normally, we wouldn’t give much attention to the thoughts of an editor/publisher for a small community newspaper. But the response to photographer Kristen Pierson‘s notice of copyright infringement and invoice for payment is such a classic compendium of bad thinking on intellectual property that it would be a disservice not to share it … just so you know what you’re up against.” SOURCE: http://petapixel.com/2013/09/30/newspaper-editor-says-facebook-photo-post-equals-public-domain/

01 Oct, 2013 | Posted by: sellmyphotos

SCULPTOR AWARDED $685,000

-- A Photo of Korean War Memorial Used on Stamp - Michael Zhang: “Be careful when photographing sculptures for commercial purposes — you could quickly find yourself on the losing end of a copyright infringement case and being forced to pay a lot of money. This happened back in 2011, when photographer Mike Hipple was forced to pay up after shooting stock photos of a public art installation in Seattle. Now it has happened again: a court has ordered the United States Postal Service to pay a whopping $684,844 to sculptor Frank Gaylord for using a photograph of the Korean War Veterans Memorial on a stamp. SOURCE:
http://petapixel.com/2013/09/23/sculptor-awarded-685000-photo-korean-war-memorial-used-stamp/
TAKEAWAY: Reminder: Photographing and publishing a copyrighted sculptor is not illegal if the picture is used for editorial purposes. Using it for commercial purposes (promotion, advertising, endorsement, etc.) needs permission from the copyright holder. For an example of editorial use of the Korean monument in Washington, DC: http://tinyurl.com/mhmbdmd

01 Oct, 2013 | Posted by: sellmyphotos






A Conversation with Rep. Howard Berman on the Past and Future of Copyright Legislation – Carolyn E. Wright: “The D.C. Chapter of The Copyright Society of the U.S.A. is sponsoring “A Conversation with Rep. Howard Berman on the Past and Future of Copyright Legislation” on Tuesday, October 8, 2013 at 6:00 PM. at George Washington University Law School. The event also will be webcast live, and the URL for the webcast is: http://tinyurl.com/my2vkko http://www.photoattorney.com/conversation-rep-howard-berman-future-copyright-legislation/



22 Sep, 2013 | Posted by: sellmyphotos






PROTECTION -- Charlie Borland: "I have found exact copies of Pro Nature posts running on Russian websites and one Pro Nature contributor found images from her guest posts pinned on Pinterest and from there images copied and posted on another website. Then as if struggling photographers don't have enough challenges, Facebook and Instagram's new Terms of Service are no help to photographers. So is there anything you can do about it? The answer is yes and while some steps are easy others involve substantial time. But you can protect yourself with a few steps and although not foolproof, they can help. SOURCE:
http://www.pronaturephotographer.com/2013/09/some-useful-tips-on-protecting-your-images/





FRIENDLY OUTCOME -- BuzzFeed Donates $500 To Charity After Photographer Dan Catt Accuses Site Of Stealing Photo - Meredith Bennett-Smith: "They used my copyrighted photo without permission," Catt wrote in a blog post. Shortly after writing the blog post, BuzzFeed's Art Director John Gara called him and the two had an apparently friendly conversation. http://www.huffingtonpost.com/2013/09/15/buzzfeed-charity-dan-catt-photos_n_3927323.html
PHOTO: Not Yours Truly




COPYRIGHT LOOPHOLE? Photographer says, "Grand Canyon Lightning Storm Photos Stolen by Huffington Post. Jack Phillips: "Photos that captured a breathtaking lightning storm over the Grand Canyon were apparently stolen by the Huffington Post, who republished them without the photographer's permission, amounting to Copyright infringement. Rolf Maeder, who originally published a "Grand Canyon Light Show" in National Geographic, said that someone with the Huffington Post grabbed a photo off Reddit and used it for their article. The news website, he wrote in a blog, "took advantage" of a loophole, "knowing that they can take pictures from Reddit without Copyright infringement." http://www.theepochtimes.com/n3/292988-grand-canyon-lightning-storm-photos-stolen-by-huffington-post-says-photographer/
PHOTO: Rolf Maeder


04 Sep, 2013 | Posted by: bswenson



Can you protect your images?

OPEN SEASON? -- Ian Plante: “Every few weeks I get an email, Facebook note, or frenzied phone call informing me that some nefarious nogoodnik on the Internet has stolen one or more of my photographs. I’m sure many of you have also experienced Internet image theft at some point during the past few years. The questions that inevitably arise are: What can photographers do to protect their images from being stolen? Are there any effective legal remedies? Is it even worth the trouble?” SOURCE: http://www.ianplant.com/blog/2013/07/02/photography-copyright-and-the-internet/
PHOTO: Ben G. Carruthers



26 Aug, 2013 | Posted by: sellmyphotos





INFRINGED? Q&A: What Should You Do If Your Photos Have Been Infringed? – Lauren Margolis: "Earlier this month, Photoshelter did a live webinar with Carolyn E. Wright, AKA The Photo Attorney. (you can watch a video recording here). There were several questions that weren’t covered in the webinar. Carolyn was gracious enough to answer your most pressing questions — check them out in the Q&A below. SOURCE: http://petapixel.com/2013/08/21/qa-what-should-you-do-if-your-photos-have-been-infringed/




CAN YOU COPYRIGHT SCULPTURE? Seventh Circuit Provides Interesting Comments About Photos of Sculptures – Carolyn E. Wright: “The question of whether photos of other copyrighted works (such as sculptures) are infringements remains. Specifically, as explained by my November 17, 2009, blog, courts have disagreed as to whether photographs of copyrighted works are derivative works. Last week, the Court of Appeals for the Seventh Circuit reviewed a Magistrate Judge’s holding that Quincy Neri’s copyright registration for her sculpture was defective. http://www.photoattorney.com/seventh-circuit-interesting-comments-photos-sculptures/

Photo of Carolyn E. Wright




COPYRIGHT KIT -- Professional Photographers of America Offers Help.
Images are absolutely everything for photographers, but they amount to nothing without an understanding of copyright protection. In its latest effort to boost the photography industry as a whole, Professional Photographers of America (PPA) is offering a free-to-all copyright kit. SOURCE: http://www.watchlistnews.com/2013/08/23/professional-photographers-of-america-offers-copyright-kit-to-all/


13 Aug, 2013 | Posted by: sellmyphotos





INFRINGER CHASING: Photog Who Shot Image for Nike’s “Bo Knows” Ad Campaign Unleashes Lawsuits on Infringers – David Walker: “Photographer Richard Noble has reached a tentative settlement with Nike over a copyright infringement claim, filed a second infringement claim against various t-shirt vendors, and is preparing to file new claims against other infringers in the coming weeks, according to his attorney, Edward Greenberg. http://pdnpulse.pdnonline.com/2013/08/photog-who-shot-image-for-nikes-bo-knows-ad-campaign-unleashes-lawsuits-on-infringers.html
PHOTO: Richard Noble
TAKEAWAY: See PhotoStockNOTES: 25 June 2013. What does Bo Jackson, Jeri Engh (my wife) and Dr. Charles Engh Sr. (my cousin) have to do with this story? A couple of decades ago, Bo and Jeri put on a pool demonstration at a charity event in Minneapolis. Charles Engh's Anderson Clinic in Arlington Va implanted Bo's new hip.


06 Aug, 2013 | Posted by: sellmyphotos





CAREFUL WHAT YOU COPY -- Gaida Zirkelbach: “It’s difficult to find any business website, blog or social media page that doesn’t use photos. The problem is that many of the employees posting these photos don’t realize that those Internet photos can get their employer into hot water when used without obtaining adequate permission. Services such as Facebook, Twitter, Instagram, Flickr and SnapChat, make it easier than ever for an employee to share, copy and paste, or remove attribution and copyright notices, without thinking of the potential consequences. The law... Under U.S. law, as soon as a photo is taken, the photographer has a copyright on that photo and the right to restrict use of that photo. SOURCE: http://www.bizjournals.com/southflorida/news/2013/07/17/how-online-photos-can-cost-your.html
TAKEAWAY: There’s no need to steal photos. Millions are available for free – if you learn how to acquire them. http://theheartoffood.com/photo-usage-copyright-infringement-and-you-how-not-to-be-a-thieving-d-bag-part-1/
NOTE: For more information on copyright, be sure to check out the archives of PhotoStockNOTES on the subject, or our forum, The Kracker Barrel.




PHOTO SHARING PENALTIES -- According to an article published by Forbes, BuzzFeed was recently sued by Kai Eiselein, a photographer, for copyright infringement because the online publication used an image he posted on Flickr in 2009. The publication took the image down promptly, but the photographer has continued with the lawsuit, seeking damages of over $3.6 million. SOURCE: http://www.digitaljournal.com/pr/1367262

PHOTO: Kai Eiselein


30 Jul, 2013 | Posted by: sellmyphotos




Congress Hears Pleas for Stronger Copyright Protections - Andrew Ramonas: “Members of a U.S. House of Representatives panel saw copyrights through different lenses recently. Donning special glasses, members of the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet viewed a 3-D video clip as part of a hearing that featured music, photo, and movie industry representatives, all touting the economic benefits of strong copyrights.
http://www.law.com/corporatecounsel/PubArticleCC.jsp





PHOTO REPOSTING GETS SPOTLIGHT -- Mike Masnick: “Copyright Trolls Now Going After Random Bloggers Who Reposted Photos. Apparently, the Copyright Enforcement Group (CEG), one of the earliest copyright trolling operations in the USA, is really building up its copyright trolling photo business. Last year, we wrote about how CEG had gone after a Lindsay Lohan fan site because the young fan had posted some (you guessed it) photos of Lohan. And now it appears that it's ramping up the practice, as a number of sites have apparently received demands from CEG for $500 because they posted a random photo which they likely found via Google's image search. Yes, reposting photos in such a manner can be copyright infringement (though, quite frequently, there may be a very strong “fair use” defense -- but that's very context specific), but it really does seem quite scammy to go after clearly naive internet users, who are just trying to post a photo of a red pepper to go with a blog post about vegetables.
http://www.techdirt.com/articles/20130615/02094123486/copyright-trolls-now-going-after-random-bloggers-who-reposted-photos.shtml






InFocus Magazine Australasia Talks About Copyright – Carolyn E. Wright: “This month’s issue of InFocus Magazine Australasia features a great article on copyright. The article is entitled, “Hot Property – How to protect your intellectual property in the Wild West that is the online world. http://www.photoattorney.com/?p=4436
TAKEAWAY: There’s no need to steal photos. Millions are available for free – if you learn how to acquire them. http://theheartoffood.com/photo-usage-copyright-infringement-and-you-how-not-to-be-a-thieving-d-bag-part-1/





23 Jul, 2013 | Posted by: psn





Commercial or not, it’s copyright infringement! - Ywein Van den Brande: “If your blog is non-commercial, you don’t need to pay for the photos you use” is a persistent popular belief. It’s wrong though. For copyright infringement it doesn’t matter whether you use a photo for commercial purposes or not. Only the author has the right to decide on the publication of his photo. Whether you are a news corporation, professional blogger or just an amateur, you need that permission of the photographer. A third party cannot decide on the publication of a photo, even if he doesn’t make any money with it. SOURCE: http://permissionmachine.com/blog/commercial-or-not-its-copyright-infringement/
TAKEAWAY: This advice appears to come from a company in Belgium. European Copyright Law is sometimes different than in the USA. For example if your picture is used to inform or educate, it may qualify as “Fair Use” under Section 107 of the U.S. Copyright Law. Most of the photos in this newsletter qualify under Section 107. in order that we may inform and educate you.
There’s no need to steal photos. Millions are available for free – if you learn how to acquire them. http://theheartoffood.com/photo-usage-copyright-infringement-and-you-how-not-to-be-a-thieving-d-bag-part-1/ -RE





WHAT ALL SHOULD KNOW -- Copyrights, Model Releases, And Contracts: - Maria Piscopo: “There are legal issues that concern all photographers—copyrights, contracts, and the law concerning privacy rights (model releases). I’ve included a host of web resources for further exploration and education. http://www.shutterbug.com/content/copyrights-model-releases-and-contracts-what-every-photographer-should-know


17 Jul, 2013 | Posted by: sellmyphotos




ECONOMICS OF COPYRIGHT INFRINGEMENT -- Robert Caplin vs Perez Hilton - Allen Murabayashi “Freelance photographer Robert Caplin filed a copyright infringement and DMCA violation complaint on June 26, 2013 against Mario Armando Lavandeira, Jr., aka Perez Hilton. Hilton is best described as an Internet gossip blogger, who has been known to appropriate copyrighted images and then “transform” them by drawing captions, tears, or other scribbles, and thereby claiming “fair use.” SOURCE:
http://blog.photoshelter.com/2013/07/the-economics-copyright-infringement-in-robert-caplin-vs-perez-hilton/




A PRIMER -- Copyright infringement or fair use? – Sheila Myers: “Do I retain copyright of my work once I publish it on the internet? Even before discussing what graphics people can and can't use, they want to know about protecting their own work so I'll address that concern first. SOURCE:
http://sheilamyers.hubpages.com/hub/Graphics-copyright-infringement-or-fair-use





PROTECT YOUR BLOG from Copyright Infringement - Nicole Fassl: “Blogs are super essential to your business, so when it comes to writing them, you want a great picture to finish the job. People might even go to your blog based on the picture. Why? Visualization is everything. A problem that I am sure everyone has run into, at least one time in their blogging, is the issue of copyright infringement. SOURCE:
http://www.kbkcommunications.com/protect-your-blog-from-copyright-infringement/



Copyright Infringement and Photo Sharing: A New Lawsuit Tests the Limits of Fair Use – Forbes Kai Eiselein claims that BuzzFeed infringed his copyright in a photograph he posted on Flickr in 2009 showing a soccer player heading
a ball. SOURCE:
http://www.brookings.edu/research/articles/2013/07/02-copyright-photo-sharing-buzzfeed-villasenor



STOP THE COPYRIGHT INFRINGEMENT - Jay Lee. A quick guide to detecting and enforcing copyright. Note: The DMCA is a U.S. law that governs U.S. hosting providers. If the site hosting your copyrighted material is hosted outside the U.S. the DMCA does not apply.
http://petapixel.com/2013/07/10/using-the-dmca-to-stop-the-copyright-infringement-of-your-photos/
TAKEAWAY: There’s no need to steal photos. Millions are available for free – if you learn how to acquire them. http://theheartoffood.com/photo-usage-copyright-infringement-and-you-how-not-to-be-a-thieving-d-bag-part-1/

09 Jul, 2013 | Posted by: sellmyphotos





REGISTRATION OPTION Copyright Office Amends Regulations on Interim Basis to Offer New Electronic Registration Option for Single Copyright Applications – (Carolyn E. Wright) The Copyright Office is doing so to provide an additional option for individual author claimants who use the Office’s electronic registration system to register a single (one) work that is not a work made for hire. Administratively, single applications are simple for the Office to process and may make copyright registration more attractive to individual authors of single works. http://www.photoattorney.com/?p=4415