In 1981, Newsweek hired photographer Lynn Goldsmith to photograph Prince, an up-and-coming musician who was still years away from releasing his seminal “Purple Rain” album. Goldsmith’s portraits never ran, but she did own the copyright. In 1984, Vanity F
Upon Prince’s death in 2016, the Warhol Foundation licensed the Prince Series for use in a Condé Nast tribute magazine, and one of the images was used on the cover. Goldsmith tried to extract a licensing fee, but the Foundation accused her of a “shake down” and filed a pre-emptive lawsuit in 2017. The suit sought a “declaratory judgment” that Warhol’s images didn’t infringe upon Goldsmith’s copyright and were “transformative or are otherwise protected by fair use.” Goldsmith countersued for infringement.
The woman who says the enslaved people are her ancestors plans to appeal the decision “about the patriarch of a family, a subject of bedtime stories.”
The judge acknowledged that the daguerreotypes had been taken under “horrific circumstances” but said that if the enslaved subjects, Renty and Delia, did not own the images when they were taken in 1850, then the woman who brought the lawsuit, Tamara Lanier, did not own them either.
Facebook has announced an update to its 'Rights Manager' tool that will enable photographers to claim ownership over their most popular images, identify
“Today, we are introducing Rights Manager for Images, a new version of Rights Manager that uses image matching technology to help creators and publishers protect and manage their image content at scale,” reads the announcement. “To access Rights Manager, Page admins can submit an application for content they’ve created and want to protect. Rights Manager will find matching content on Facebook and Instagram.”
Google releases new licensable images features to help photographers looking to improve the discovery of their content and earn more.
Have you heard the news? Google Images released their new licensable images features earlier today, which will help photographers looking to improve the discovery of their content and potentially earn more.
By stating outright that users of its embedding feature don't get licenses from Instagram to display photos, Instagram is preventing future defendants from using Mashable's argument. It will be hard for Newsweek to convince a judge that it had a sublicense from Instagram when Instagram has explicitly claimed the opposite.
The past few years have made it abundantly clear that platforms hold disproportionate power in the online sphere – from Uber to Grubhub to Amazon. Online success is predicated on building both utility as well as a critical mass of users, and for that, pla
On Monday, U.S. District Court Judge Kimba Wood ruled against photojournalist Stephanie Sinclair, who is well-known for her “Too Young to Wed” photo essay, which turned into a non-profit of the same name. Mashable offered Sinclair $50 to use her image within a 2016 story titled “10 female photojournalists with their lenses on social justice.” When Sinclair declined, they embedded an Instagram image, and Sinclair sued knowing that the case law of Goldman v. Breitbart was on her side.
Earlier today, the Supreme Court of the United States dealt a major blow to photographer's copyright protections when it declared that states cannot be
The opinion came down as part of a writ of certiorari regarding the case of Allen v Cooper. A writ of certiorari is basically a review of a lower court’s decision, and in this case, the Supreme Court has upheld the decision by the Court of Appeals for the Fourth Circuit, which decided that states are immune from copyright infringement lawsuits.
Social media practically encourages copyright infringement. Here's advice for protecting your copyright on Instagram and elsewhere.
If you don’t properly register your copyright for an image that you publish to Facebook, Instagram or another social media platform, you may be limiting your ability to collect damages from someone who steals your photograph. Why? As we explain in our story called “Social Media Copyright Registration: Don’t Get Burned,” U.S. copyright law gives photographers three months from the first date of publication of an image to register the copyright. Unless a photographer registers within three months of first publication, or prior to an infringement that takes place after that, they cannot sue copyright infringers for statutory damages of up to $150,000 per image plus attorney’s fees. Instead, the photographer will have to prove actual damages. That requires coming up with evidence that shows how much an infringer earned using an image—an arduous and expensive process.