A group of photographers, visual artists and affiliated associations have reached a settlement with Google in a lawsuit over copyrighted material in Google Books. The parties are pleased to have reached a settlement that benefits everyone and includes fun
via NPPA: https://nppa.org/news/google-photographers-settle-litigation-over-books
Further terms of the agreement are confidential
A recently-released product by Microsoft that allows content creators to embed digital images on their websites is being called a “massive infringement”
via PetaPixel: http://petapixel.com/2014/09/05/getty-images-files-lawsuit-microsofts-embeddable-image-widget-cites-incalculable-damages/
In a statement to Re/Code, a Microsoft spokesperson said they would “take a close look at Getty’s concerns,” as they are “copyright owners” themselves and think “the laws in this area are very important.”
A new Microsoft Corp product that allows website publishers to embed digital pho…
via U.S.: http://www.reuters.com/article/2014/09/04/us-getty-images-microsoft-lawsuit-idUSKBN0GZ2B720140904
The “Bing Image Widget,” released on Aug. 22, gives publishers the ability to create a panel on their websites that displays digital images supplied by Microsoft’s Bing search engine, according to the lawsuit.
The draft of its official practices, third edition contains a requirement of human authorship: The U.S. Copyright Office will register an original work of authorship, provided that the work was cre…
via Boing Boing: http://boingboing.net/2014/08/21/u-s-copyright-office-photos.html
• A mural painted by an elephant.
• A claim based on the appearance of actual animal skin.
• A claim based on driftwood that has been shaped and smoothed by the ocean.
The US Copyright Office has issued a report stating that it will not register works produced by “nature, animals, or plants,” effectively undermining photographer David Slater’s claim that he owns copyright to a selfie made by a monkey with one of his cam
via PDNPulse: http://pdnpulse.pdnonline.com/2014/08/monkey-selfie-eligible-copyright-registration-new-rules.html
effectively undermining photographer David Slater’s claim that he owns copyright to a selfie made by a monkey
A federal judge has upheld a $1.2 million jury award in favor of photographer Daniel Morel, after determining that there was sufficient evidence presented at the trial last year to support the verdict. Morel won $1.2 million in damages after a federal jur
via PDNPulse: http://pdnpulse.pdnonline.com/2014/08/judge-upholds-1-2-million-verdict-morel-v-afp-copyright-case.html
There was evidence from which the jury could have concluded that the defendant’s infringement (and particularly AFP’s) was not just willful but reflected a gross disregard for the rights of copyright holders
Read the latest stories about LightBox on Time
via Time: http://lightbox.time.com/2014/08/06/monkey-selfie/#1
The image was an instant Internet phenomenon, guaranteeing financial success for the British photographer. That is until editors at Wikipedia deemed the image belonged in the public domain and could be used, at no cost, by anyone online. “This [image] is in the public domain, because as the work of a non-human animal, it has no human author in whom copyright is vested,” said Wikipedia’s group of editors.
The controversy surrounding the monkey selfies above, which were taken by an endangered crested black macaque using photographer David Slater’s equipment,
via PetaPixel: http://petapixel.com/2014/08/06/wikimedia-stands-monkey-photographers-rights-refuses-take-monkey-selfie/
claiming that it is the monkey who owns the copyright
When people are browsing around online for photographs to use, be them for an article, a project or something else, it’s vital to know whether or not
via PetaPixel: http://petapixel.com/2014/08/05/flow-chart-tries-to-educate-the-public-on-the-rules-of-using-a-photo-they-found-online/
Here to help those with any image in question is this handy little infographic, created by Curtis Newbold, The Visual Communications Guy.
Photographer Kristina Hill has won a $2,501 judgment for copyright infringement against Public Advocate of the United States, ending a federal case in Colorado over unauthorized political attack ads. The judgment was entered June 4 in the US District Co
via PDNPulse: http://pdnpulse.pdnonline.com/2014/06/photographer-wins-2501-infringement-anti-gay-attack-ad-case.html
The judgment agreement notes that Hill was not entitled to attorneys’ fees because she didn’t register her copyright in the disputed image before the infringement.
The Hathi Trust has won another important victory in its court battles against the Authors Guild over the right of academic libraries to scan books under the banner of fair use. Hathi creates full-…
via Boing Boing: http://boingboing.net/2014/06/14/court-finds-full-book-scanning.html
the court wrote, “the creation of a full‐text searchable database is a quintessentially transformative use”.
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. Psihoyos sued publisher John Wiley & Sons in 2011 for infrin
via PDNPulse: http://pdnpulse.pdnonline.com/2014/04/appeals-court-upholds-copyright-infringement-damages-award-louis-psihoyos.html
Wiley had argued that the clock for the three-year statute of limitations begins at the instant of infringement, not at the discovery of that infringement by the copyright holder.
Former football star Desmond Howard, the subject of a well-known photograph and a defendant in a copyright claim over the use of that same image, will end up owning the copyright to the image as part of a settlement with the photographer who shot it. That
via PDNPulse: http://pdnpulse.pdnonline.com/2014/04/copyright-infringement-case-defendant-ends-owning-disputed-photo.html
“This allows him to use his favorite photo of himself and make money on it,” Masck told PDN. “And I do better because this agreement gets me access to all of his sales–anywhere he wants to use this photo is probably a sale I never would have.”
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. That’s true under copyright law in t
via PDNPulse: http://pdnpulse.pdnonline.com/2014/03/court-reminds-michael-kenna-copyright-protects-expression-ideas.html
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.
Link: Defamation, Girls, and pictures through a window: recent legal news affecting photography and copyright | dvafoto
There’ve been a bunch of legal developments in the world of photography and copyright in the past couple weeks. Here are a few things that have been on my radar that all have relevance to freelance and staff photographers in the US:
Brian Masck, who took the 1991 photo, says his photo has been unlawfully copied for years.
via USA TODAY: http://www.usatoday.com/story/news/nation/2013/03/11/heisman-pose-photo-flap-court/1977099/
Brian Masck also went to great lengths to prove his work was being stolen, the lawsuit states, noting in 2011, he tweaked the original photo in two ways to catch scofflaws: he removed the branding from the glove on Howard’s right hand; and he extended the lettering on the football.
The Business Software Alliance — a proprietary software industry group — has pulled a controversial ad that promised cash to people who snitched on friends and employers who used pirate…
via Boing Boing: http://boingboing.net/2014/03/23/business-software-alliance-acc.html
The ad used a photo of a pot of gold, captioned with “Your pot of gold is right here baby. Report unlicensed software and GET PAID.” The photo used in the ad was of a cake baked by Cakecentral user Bethasd
Our annual Photographer’s Guide to Photo Contests ranks a number of well-known contests with a letter grade from A-F based on entry fees, prizes, and exposure. Most of the contests we review are aimed at the professional or aspiring professional photograp
via PhotoShelter Blog: http://blog.photoshelter.com/2014/03/timeout-nys-awful-horrible-insulting-photo-contest/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+PhotoshelterBlog+%28PhotoShelter+Blog%29
So the contest will go down something like this: TimeOut will use your images to illustrate the nominated restaurants instead of sending a professional photographer – this in the name of “reader participation.” Then maybe if the image doesn’t suck, they’ll put you on the cover, but not give you anything else.
What are the ethics of of high traffic news and infotainment websites using a person’s Facebook image if that person was on an erased airliner? Is it just a case of, “well, you should have thought of that before you disappeared?”
via Reading The Pictures: http://www.bagnewsnotes.com/2014/03/as-facebook-pics-of-malaysia-air-passengers-land-on-buzzfeed-hijacked-twice/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Bagnewsnotes+%28BAGnewsNotes%29
What are the ethics of of high traffic news and infotainment websites using a person’s Facebook image if that person was on an erased airliner? Is it just a case of, “well, you should have thought of that before you disappeared?”