Category: Copyright

Facebrick

Link: Facebrick | Thoughts of a Bohemian

Apparently Facebook will allow you to decide via tools which content can and cannot be monetized by them. That is important for photographers because it seems that there will be an opportunity to protect images from being used for advertising campaigns sold by Facebook. However, since the tools are not visible yet, it is hard to know how simple this process will be. We have seen in the past that Facebook can hide privacy tools pretty well, making them practically unusable

September 10, 2013
250 Million or So Reasons to Register Your Copyright

250 Million or So Reasons to Register Your Copyright – PhotoShelter Blog

We recently spoke to PhotoAttorney.com’s Carolyn Wright and former ASMP President Richard Kelly about the importance of registering your copyright regularly. In that vein, APhotoEditor recently updated us on the Richard Reinsdorf v. Skechers case which il

via PhotoShelter Blog: http://blog.photoshelter.com/2013/09/250-million-or-so-reasons-to-register-your-copyright/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+PhotoshelterBlog+%28PhotoShelter+Blog%29

The good news is that the United States District Court in the Central District of California ruled in favor of a copyright violation despite Skechers position that they were a co-author of the images because they had taken delivery of his RAW files and made “slight modifications in the models’ skin tone…” among other changes.

September 10, 2013
Facebook Makes Alarming Changes to Terms, ASMP Breaks Down the Changes

Facebook Makes Alarming Changes to Terms, ASMP Breaks Down the Changes | PDNPulse

Facebook has altered their terms of service to make it possible for companies that pay the social media network to utilize Facebook users’ content and likeness without compensation or permission. The changes are sure to alienate Facebook’s users in the cr

via PDNPulse: http://pdnpulse.pdnonline.com/2013/09/facebook-makes-alarming-changes-to-terms-asmp-breaks-down-the-changes.html

You give us permission to use your name, and profile picture, content, and information in connection with commercial, sponsored, or related that content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you

September 6, 2013
Discussing The Delicate Balance of Sharing & Selling Your Images

Discussing The Delicate Balance of Sharing & Selling Your Images – PhotoShelter Blog

If we took infringement fear to the extreme, then we’d never even download images off our DSLRs. But then would our images be as valuable – not to mention, how would we ever make a living selling them? Richard Kelly, Pittsburgh-based photographer and educ

via PhotoShelter Blog: http://blog.photoshelter.com/2013/08/discussing-the-delicate-balance-of-sharing-selling-your-images/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+PhotoshelterBlog+%28PhotoShelter+Blog%29

If we took infringement fear to the extreme, then we’d never even download images off our DSLRs. But then would our images be as valuable – not to mention, how would we ever make a living selling them? Richard Kelly, Pittsburgh-based photographer and educator, argues that there’s a way to share and sell your photos, without giving up your copyright or going nuts over the possibility of image theft.

August 28, 2013
Richard Reinsdorf v. Skechers Update

Richard Reinsdorf v. Skechers Update – A Photo Editor

Looks like I missed an update to the Richard Reinsdorf’s $250 million dollar lawsuit against Skechers from February of this year (thx for the tip Josh). To recap from my previous post “Skechers Sketchy Defense For Ignoring License Terms“: The suit started

via A Photo Editor: http://www.aphotoeditor.com/2013/08/27/richard-reinsdorf-v-skechers-update/

Looks like I missed an update to the Richard Reinsdorf’s $250 million dollar lawsuit against Skechers

August 27, 2013
SyFy and NBC “used Cosplayer photos without permission”

SyFy and NBC “used Cosplayer photos without permission”

Marketing its new show, Heroes of Cosplay, SyFy and NBC used photographs of cosplayers without the permission of the photographers. It claims, in its defense, that the subjects of photographs &#822…

via Boing Boing: http://boingboing.net/2013/08/26/syfy-and-nbc-used-cosplayer.html

It claims, in its defense, that the subjects of photographs “enjoy rights of joint authorship.”

August 26, 2013
Photography Trade Organizations Take Aim at Instagram Terms

Photography Trade Organizations Take Aim at Instagram Terms | PDNPulse

Several professional photography trade organizations have banded together to study Instagram’s Terms of Service, and today the American Society of Media Photographers issued the following press release: Photographic Community, Led by The American Society

via PDNPulse: http://pdnpulse.pdnonline.com/2013/08/photography-trade-organizations-take-aim-at-instagram-terms.html

Several professional photography trade organizations have banded together to study Instagram’s Terms of Service, and today the American Society of Media Photographers issued the following press release:

August 22, 2013
Answering Your Copyright Questions: What To Do If You’ve Been Infringed

Answering Your Copyright Questions: What To Do If You’ve Been Infringed – PhotoShelter Blog

Earlier this month we did a live webinar with Carolyn E. Wright – aka The Photo Attorney. Carolyn is a full-time attorney whose practice is aimed squarely at the legal needs of photographers. During the webinar talked extensively about copyright infringem

via PhotoShelter Blog: http://blog.photoshelter.com/2013/08/answering-your-copyright-questions-what-to-do-if-youve-been-infringed/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+PhotoshelterBlog+%28PhotoShelter+Blog%29

Earlier this month we did a live webinar with Carolyn E. Wright – aka The Photo Attorney. Carolyn is a full-time attorney whose practice is aimed squarely at the legal needs of photographers. During the webinar talked extensively about copyright infringement, and what photographers need to know when they think their copyright has been infringed (you can watch a video recording here).

August 21, 2013
J. Paul Getty Museum opens up its collections of images

J. Paul Getty Museum opens up its collections of images

The J. Paul Getty Museum, which collects works of art including paintings, drawings, manuscripts, sculptures and photographs, is making its collections of digital images available for all uses without charge, marking a radical shift in its long-standing p

via British Journal of Photography: http://www.bjp-online.com/british-journal-of-photography/news/2289455/j-paul-getty-museum-opens-up-its-collections-of-images

In the past, Getty’s images could be used free of charge in scholarly and academic contexts, while commercial usage was tightly restricted and incurred a fee. “Then we realised that it was just impossible to police the world wide web for improper use of our images

August 16, 2013
Video Interview: Copyright Registration & Infringement Information

Video Interview: Copyright Registration & Infringement Information – PhotoShelter Blog

“It’s ideal to register your images before infringement – register them right away after you’ve taken them.” – Carolyn E. Wright, aka The Photo Attorney The steps to registering your copyright can seen daunting, but the truth is that it doesn’t have to be

via PhotoShelter Blog: http://blog.photoshelter.com/2013/08/video-interview-copyright-registration-infringement-information/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+PhotoshelterBlog+%28PhotoShelter+Blog%29

The steps to registering your copyright can seen daunting, but the truth is that it doesn’t have to be. You can get detailed information on U.S. copyright law and how to avoid infringement in this hour-long video recording of our webinar, Your Photo’s Copyright Has Been Infringed: Now What?

August 8, 2013
The cost of a free lunch

Link: The cost of a free lunch | Thoughts of a Bohemian

The belief that an image is free, just because it is denuded of any financial obligation, is a false impression that is unfortunately traveling widely . It is almost like believing that a highly contagious virus is harmless because it has no immediate visible effect

July 20, 2013
The Economics of Copyright Infringement in Robert Caplin vs Perez Hilton

The Economics of Copyright Infringement in Robert Caplin vs Perez Hilton – PhotoShelter Blog

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 approp

via PhotoShelter Blog: http://blog.photoshelter.com/2013/07/the-economics-copyright-infringement-in-robert-caplin-vs-perez-hilton/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+PhotoshelterBlog+%28PhotoShelter+Blog%29

Thus, Lavandeira could be exposed to statutory damages of up to $2.45 million dollars.

That is FANTASTIC, except no judge in his right mind would ever award that amount. Why? Because even with willful infringement, it’s hard to justify this amount as “reasonable.”

July 8, 2013
NYTimes Photographer Sues Perez Hilton for $2.1M Over Copyright Infringement

NYTimes Photographer Sues Perez Hilton for $2.1M Over Copyright Infringement

BuzzFeed isn’t the only blog that’s routinely accused of using photographs without permission. American celebrity blogger Perez Hilton (above right) is

via PetaPixel: http://petapixel.com/2013/06/29/nytimes-photographer-sues-perez-hilton-for-2-1-million-for-copyright-infringement/

The Phoblographer reports that although Caplin’s websites contain preventative measures designed to combat “photo theft,” Hilton took screenshots of the photos in order to obtain them.

June 30, 2013
My Song Got Played On Pandora 1 Million Times and All I Got Was $16.89

My Song Got Played On Pandora 1 Million Times and All I Got Was $16.89, Less Than What I Make From a Single T-Shirt Sale!

As a songwriter Pandora paid me $16.89* for 1,159,000 play of “Low” last quarter. Less than I make from a single T-shirt sale. Okay that’s a slight exaggeration. That’s …

via The Trichordist: http://thetrichordist.com/2013/06/24/my-song-got-played-on-pandora-1-million-times-and-all-i-got-was-16-89-less-than-what-i-make-from-a-single-t-shirt-sale/

since they are compulsory royalties, artists can not “opt out” of a service like Pandora even if they think Pandora doesn’t pay them enough. The majority of songwriters have their rates set by the government, too, in the form of the ASCAP and BMI rate courts–a single judge gets to decide the fate of songwriters

June 25, 2013
Photographer sues BuzzFeed for $3.6M over viral sharing model

Link: Photographer sues BuzzFeed for $3.6M over viral sharing model — paidContent

A photographer says BuzzFeed should pay copyright damages not only for an unauthorized photo that appeared on its site — but for the dozens of other sites on which the photo appeared

June 18, 2013
Vogue/Condé Nast Contest Attempts To Secure Free Images For Unlimited Use

Vogue/Condé Nast Contest Attempts To Secure Free Images For Unlimited Use – A Photo Editor

From an ASMP press release: ASMP, joined by the National Press Photographers Association (NPPA), American Photographic Artists (APA), the Picture Archive Council of America (PACA), Graphic Artists Guild (GAG) and North American Nature Photography Associat

via A Photo Editor: http://www.aphotoeditor.com/2013/06/17/vogueconde-nast-contest-attempts-to-secure-free-images-for-unlimited-use/

In 1967, Zhang Yaxin was 34 and working as a photojournalist at China’s state-controlled Xinhua News Agency when he was assigned to a top-secret government project. He was to be the official photographer of a new arts program led by Chairman Mao and his wife – the Model Operas. Though he was not to know it then, Zhang would spend the next seven years documenting the evolution of one of the most dramatic and elaborate attempts to redefine artistic sensibilities in modern art history.

June 17, 2013
Yunghi Kim: Protecting Our Images

Yunghi Kim: Protecting Our Images

Yunghi Kim has gone public with her copyright experiences in pursuing unauthorized use of her images because, she says, she believes her experiences can be helpful to her fellow photographers.

via NPPA: https://nppa.org/news/yunghi-kim-protecting-our-images

Remember, infringers don’t set the price of your work. You do! My settlements range from 1,000 to 3,000 euros plus legal fees for a single unlicensed image used for editorial purposes.

June 3, 2013
AFP v Morel: Judge reconsiders potential damages

AFP v Morel: Judge reconsiders potential damages

Agence France-Presse and Getty Images have asked a New York court to reconsider its decision to reject summary judgement in regards to the statutory damages freelance photographer Daniel Morel can claim. The request for reconsideration concerns whether ‘M

via British Journal of Photography: http://www.bjp-online.com/british-journal-of-photography/news/2270104/afp-v-morel-judge-reconsiders-potential-damages

Daniel Morel has been dealt a blow in his three-year-long legal battle against Agence France-Presse and Getty Images after a judge has reconsidered the amount of statutory damages the freelance photographer will be able to claim

May 23, 2013
Responses to Appellate Court Decision on Cariou v. Prince

Prince is King & Flux and Focus: Responses to Appellate Court Decision on Cariou v. Prince

At left, photograph by Patrick Cariou from the book Yes, Rasta . Right, painting by Richard Prince from his Canal Zone series Last sum…

Link: http://blog.photoeye.com/2013/05/prince-is-king-flux-and-focus-responses.html

Last summer photo-eye hosted a series of lectures on art law that culminated in a panel discussion on appropriation centering around the highly discussed Cariou v. Prince. With the appellate court decision in Prince’s favor in April, the discussion continues, and we asked two of our panelist, Talia Kosh and Craig Anderson, to weigh in on the ruling.

May 22, 2013
Copyright Implications of Yahoo Buying Tumblr

Copyright Implications of Yahoo Buying Tumblr – Plagiarism Today

With news that Yahoo! is buying Tumblr, we have to stop a second and see how this will affect content creators, both off and on Tumblr.

via Plagiarism Today: http://www.plagiarismtoday.com/2013/05/20/copyright-implications-of-yahoo-buying-tumblr/

With the buyout of Tumblr, one of the Web’s most prominent independent companies has come under the wing of one of the established giants. Google, Microsoft, Yahoo!, Facebook and Twitter combine to control a large part of our lives online.

May 22, 2013