21 May, 2013 | Posted by: sellmyphotos

COPYRIGHT 101 – Educating Clients – Kristin: “I recently put together a video about photography copyright. It’s a short video about the background of copyright and what photographers should know in order to better educate their clients. http://niftyknowledgerocks.com/photography-copyright-101/

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14 May, 2013 | Posted by: sellmyphotos

NIKON PHOTO IN ADVERTISEMENT -- Samsung Sorry. Michael Zhang: “Samsung found itself in an embarrassing copyright infringement controversy recently after the company published a street photographer’s work without permission as an advertisement on its Facebook page. It wasn’t just the unauthorized use of the image that was embarrassing; SOURCE: http://petapixel.com/2013/05/08/samsung-sorry-for-using-photographers-nikon-photo-in-advertisement/

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07 May, 2013 | Posted by: bswenson

ARTISTS CAN'T COPY

(in some cases)

JUDGE SAYS, “NO” Anny Shaw: “The Los Angeles-based street artist Thierry Guetta, better known as Mr Brainwash, has lost a copyright case involving a 1977 photograph of the punk rock musician Sid Vicious shot by the British photographer Dennis Morris. The federal judge rejected Guetta's claim, saying that most of [the] defendant's works add certain new elements, but the overall effect of each is not transformative.
http://www.theartnewspaper.com/articles/

TAKEAWAY: IT ALL DEPENDS. Two weeks ago -April 30th- we published here in PhotoStockNOTES, the victorious court case for artist, Richard Prince, in a Federal Appeals Court where the artist's case overturned an earlier lower court decision that said Richard Prince was an infringer. Go figure. -RE
via: Joe Stanski

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07 May, 2013 | Posted by: sellmyphotos

BLOG PHOTOS -- Legal or Copyright Infringement? - BubbleWS: “Have you wondered or even gave a thought about the type of images you use to go with your writing? Many people are quick and happy to click on Google Images or elsewhere and copy the photograph or painting, then upload it to our articles. http://www.bubblews.com/news/413549-pictures-on-your-articles-legal-or-copyright-infringement
More:
Mark Gordon Brown: http://fullofknowledge.com/2013/04/what-pictures-are-legal-to-use-on-internet-articles/

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30 Apr, 2013 | Posted by: sellmyphotos

IS ARCHITECTURE COPYRIGHTABLE? Rich Stim: “opyright and Architectural Photos - Rich Stim: “After U.S. copyright law officially recognized architectural copyrights in December, 1990, many photographers wondered how this development would affect their ability to make and sell architectural photos. The answer: http://www.nolo.com/legal-encyclopedia/copyright-architectural-photos.html
PHOTO: Sharee Basinger

PIGGYBACK PAINTING -- The artist, Richard Prince, Did Not Infringe Patrick Cariou's Photos, Appeals Court Says – David Walker: “A federal appeals court has ruled that artist Richard Prince did not infringe photographer Patrick Cariou's copyrights by reproducing several dozen of Cariou's images without permission. The appeals court said 25 out of 30 works by Prince made fair use of Cariou's photographs. But Cariou did not lose entirely. Uncertain about whether the remaining five Prince works in dispute passed the tests of fair use, the US Court of Appeals for the Second Circuit ordered the lower court to reconsider whether those works are also fair. SOURCE: http://www.pdnonline.com/news/Richard-Prince-Did-N-7964.shtml
PHOTO: Patrick Cariou PAINTING: Richard Prince

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23 Apr, 2013 | Posted by: bswenson

BOSTON TERRORIST

SUSPECT WAS A BOXER

A photo essay in 2010 containing pictures of Tamerlan Tsarnaev, the Boston terrorist suspect, was published by a graduate student, Johannes Hirn, at Boston University in the local university magazine. Recently, reporters used Hirn’s photo captions to profile Tsarnaev. A number of media outlets have also copied and distributed Hirn’s photos without permission. He has since removed them from a Photoshelter site. Hirn announced that Barcroft Media–a UK-based licenser of editorial content–is the exclusive distributor of the images.
SOURCE: http://pdnpulse.com/2013/04/photographer-finally-takes-down-pictures-of-bombing-suspect-to-stop-theft.html
Via Joe Stanski

TAKEAWAY: It’s reported that Hirn was not compensated for the use of his photos by the reporting organizations. Now comes the question, can Hirn sue? You would think, yes, if they didn’t pay him for the photos. Under the copyright law, there is a provision called the “Fair Use Doctrine”(US Code - Section 107) which says in effect that certain photos can be appropriated (used, stolen, borrowed) by reputable publishing companies in “newsworthy” events, situations, research, and rare other situations. Is it possible Hirn will not be able to win a lawsuit and not be compensated for the use of his photos?
Yes it is. A judge in a Federal Court just might say the swift publication of the photos helped in the investigation of the possible terrorist act and declare that Hirn has no case. It has happened before, so be careful not to spend money on a legal case unless an attorney will want to work with you on a ‘contingency basis.” -RE
PS: The copyright law works two ways. The only way I can show you some photos here (on PhotoStockNOTES) is through the “Fair Use” doctrine. Otherwise, you would not be photographically informed in the blog posting you’re reading…
PHOTO: Johannes Hirn
Boxing Photo: dePriest/Getty Images

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23 Apr, 2013 | Posted by: bswenson

PROFITEER

-- Man Infringes Copyright to Profit from Boston Bombing– David Walker: “Intent on making a quick buck from the Boston Marathon bombing, a self-publisher allegedly offered an e-book full of stolen news photos for sale on Amazon.com, titled “The Boston Bombings First Photos.” http://pdnpulse.com/2013/04/man-infringes-copyright-to-profit-from-boston-bombing.html
Image profiteer

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23 Apr, 2013 | Posted by: sellmyphotos

SUIT FEES RISING -- Federal District Courts Increasing Filing Fees – Carolyn E. Wright, Esq.: “You must file your copyright infringement claims in federal district court. Check this blog entry for more information. Unfortunately, the costs to file suit are increasing. http://www.photoattorney.com/?p=4344

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16 Apr, 2013 | Posted by: sellmyphotos

WORLD INTELLECTUAL PROPERTY DAY – April 24 – Carolyn E. Wright, Esq.: “On Wednesday, April 24th, from 1 to 3 pm, the U.S. Copyright Office will host a Copyright Matters program in recognition of World Intellectual Property Day. The program will be held in historic Coolidge Auditorium on Capitol Hill in Washington, D.C., and is free and open to the public. This year’s theme, as announced by the World Intellectual Property Organization, is “Creativity: the Next Generation.” SOURCE: http://www.photoattorney.com/?p=4341

FREE PHOTO? "NO!" ...company says, ‘If Pinterest can do it, we can do it.’ Tara Bradford: “One would expect a big multi-national company like Nikken Europe to respect copyright. But when confronted over unauthorized use of my photo in a March 2012 product launch and advertising/publicity campaign, their "head of legal" in Milton Keynes, England was defiant.”
http://www.tarabradford.com/2013/04/nikken-eu-and-copyright-infringement.html

GOOGLE BOOKS SEARCH -- ongoing class action lawsuit against Google -- The American Photographic Artists (APA) and the National Press Photographers Association (NPPA) announced today that they are joining an ongoing class action lawsuit against Google, alleging that the Google Books Search program is a violation of the copyrights of photographers and other visual artists.
“I feel it is the NPPA’s responsibility to protect that principle of ownership, and not allow companies like Google to infringe upon our rights uncontested,” NPPA president Mike Borland said in a statement issued today by NPPA.
The lawsuit was spearheaded by American Society of Media Photographers (ASMP). Other lead plaintiffs include the Graphic Artists Guild, Picture Archive Council of America (PACA), Professional Photographers of America (PPA), the North American Nature Photography Association (NANPA), and a number of individual photographers.
ASMP said when it filed the lawsuit that the goal is to make sure photographers are “fairly and reasonably compensated” when their works are distributed through Google search results.
http://pdnpulse.com/2013/04/apa-nppa-join-copyright-suit-against-google.html
IMAGE: The New Yorker Magazine
via Joe Stanski

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09 Apr, 2013 | Posted by: st

Copyright Matters Program -- “Nimmer on Copyright” Rescheduled – Carolyn E. Wright: The U.S. Copyright Office will host a Copyright Matters program on May 6, 2013, at 3:00 p.m. in the Coolidge Auditorium of the Library of Congress. A panel of experts will address “Nimmer on Copyright: Celebrating 50 Years” with reflections about the treatise and copyright law. http://www.photoattorney.com/?p=4326

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02 Apr, 2013 | Posted by: st

"DEADLIEST WARRIOR" HOST HAS CASE OVER GUN PHOTO - William Dotinga: “A gun manufacturer that advertised with photographs taken by the host of TV's "Deadliest Warrior" faces copyright infringement claims, a federal judge ruled. The complaint alleged that gun manufacturer LWRC International infringed Machowicz's copyright by using a photograph of him holding one of its guns in a print advertising campaign without his permission http://www.courthousenews.com/2013/03/25/56031.htm

INFRINGEMENT - Natasha Sweatte: “A local photographer said he fell victim to copyright infringement after a third party used his professional photograph for profit, without his consent. The "Lubbock Lineup" Facebook page and newspaper publication is based on a comparison of two photographs. "Nobody has the right to take content and use it." SOURCE:
http://www.kcbd.com/story/21791247/kcbd-investigates-how-copyright-laws-apply-to-social-media

GUIDE TO COPYRIGHT – Lauren Margolis: “Navigating copyright can be a daunting task. So we’ve partnered with the experts at ASMP to break down this important subject and help you take the necessary steps to protect your work.” http://blog.photoshelter.com/2013/03/the-photographers-guide-to-copyright

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26 Mar, 2013 | Posted by: bswenson

BATTLE GROUND

-- Stalked for Protecting Copyright, Author Gets Restraining Order – David Walker: “An author who was stalked and bullied online for her efforts to enforce her copyrights has won a permanent protective order against the perpetrator, Matthew Chan, who is also in the sights of stock photo agencies for thwarting their efforts to enforce photographers’ copyrights. The restraining order reflects an increasingly vitriolic tone and no-holds-barred personal attacks against copyright holders and their attorneys on Chan’s website, extortionletterinfo.com SOURCE: http://pdnpulse.com/2013/03/stalked-for-protecting-copyright-author-gets-protective-order.html

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26 Mar, 2013 | Posted by: bswenson

YOU CAN DETECT COPYRIGHT

INFRINGEMENT...

Use Google Image Search. Ruth Carter: “I heard you can input a picture into the Google Images search engine to see if someone has stolen or used one of your pictures without your consent. I decided to try to figure it out to see if it works. I’m happy to report it’s super easy. Here’s how you do it.

http://carterlawaz.com/2013/03/using-google-image-search-to-detect-copyright-infringement/
TAKEAWAY: This works well, but up to a limit. If the metadata of the original photo has been changed for one reason or another, the search may lead down several paths or none at all.
In a popular photo like the one below, Google will display 75 places the picture has been used.
Another question: The sculpture of the Heisman trophy is Frank Eliscu. Would he and the Heisman committee also be included in this suit?
Me thinks this whole affair will spark some food for thought at the Copyright Office at the Library of Congress where they're already tussling over Orphan Images. -RE

OVER-USED/UNDER-PAID-- --Desmond Howard To Fight Heisman Photo Suit - Tresa Baldas: “The University of Michigan football legend Desmond Howard is on the receiving end of a lawsuit that could pass for unnecessary roughness -- or unsportsmanlike conduct. At least that's how Howard sees it. The photographer who snapped the shot, which became one of most historic moments in college football history, is suing Howard, Sports Illustrated and a host of others, claiming they sold and copied his photo without asking, crediting or paying him.
http://www.thespectrum.com/usatoday/article/1994883
PHOTO: Brian Masck

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26 Mar, 2013 | Posted by: st

PLAGIARISM OR PARALLEL WORK? -- “Imitation is the Sincerest Form of Infringement” – Carolyn E. Wright: “Christopher Boffoli is a Seattle-based photographer who has been dealing with infringements for a while. He’s got a new claim and was kind enough to share his story. He explains:” SOURCE: http://www.photoattorney.com/?p=4300

- - - - - - - - - - - - - -

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19 Mar, 2013 | Posted by: st

DON’T TREAD ON ME -- Photog Gets Into Nasty Tussle With Radio Station Over Copyright Infringment – PetaPixel: “The most recent copyright dispute is one between Canada-based Barbara Ann Studios and an Ottawa radio station called HOT 89.9. When Barbara Ann saw her image was being used to illustrate the station’s marketing kit, she began a dialogue with the company to get the image taken down and receive compensation. That’s when things got ugly.
http://www.petapixel.com/2013/03/05/photog-gets-into-nasty-tussle-with-radio-station-over-copyright-infringement/
PHOTO: Barbara Ann Studios

IT’S EASY – BUT ILLEGAL -- Ease Of Web Publishing Raises Potential For Copyright Breach. Phyllis DeGioia: “When Dr. Joe Waldman received a letter from a prominent stock photo company (Getty) saying a photograph on his clinic website was theirs and he needed to provide proof of licensing or pay them $600 for copyright infringement, he thought it was a joke. SOURCE: http://news.vin.com/VINNews.aspx?articleId=26357

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13 Mar, 2013 | Posted by: bswenson

GOTTCHA!:

Company Gets Caught Infringing On ...His>>>> Copyrighted Images, and Admits To It -
Richard Grech: ”As the old saying goes, crime doesn’t pay, especially these days in our ever-so-connected global community. That was the situation clothing company DKNY found themselves in when they used copyrighted images for an in-store display. DKNY had wanted to license 300 photos from New York City street photographer, Brandon Stanton, who has garnered some recognition thanks to his Humans of New York photo project. DKNY,which had planned to use the photos in their stores around the world, offered a one-time payment of $15,000 to Stanton. The photographer negotiated for more money, believing he was being low-balled, but DKNY walked away. http://www.digitaltrends.com/photography/photographer-takes-copyright-infringement-case-to-the-web-succeeds-in-getting-dkny-to-pay-up/

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13 Mar, 2013 | Posted by: st

THE CORE VALUE -- What if Copyright no longer existed? – Shawn Henry: “Copyright not only provides me ownership of the work I shoot, but, far more importantly, it allows me the ability to re-license my photographs; potentially turning a $500 editorial assignment to photograph a CEO into a $4500 license to that executive’s company after the magazine client has published its story. While the markets — and the contracts — have changed greatly in the past decade, Copyright remains at our industry’s core. http://www.asmp.org/strictlybusiness/2013/03/what-if-copyright-no-longer-existed/#.UTkZskfLJ2M

ILLEGAL USE -- A dispute between Canadian pro photographer, Barbara Ann and Ottawa radio station HOT 89.9 illustrates the problematic climate in which companies often turn to the Internet for free photographic images. The Internet fosters self-promotion by making it easy for anyone to find your images. That, of course brings the risk of someone using your images for commercial purposes without you giving consent or receiving compensation. http://www.dpreview.com/news/2013/03/06/online-image-copyright

COPYRIGHT Q&A JISC Digital Media: “This document is intended as a quick reference guide, answering frequently asked questions about copyright. Check reference works and/or seek legal advice for your specific circumstances.
http://www.jiscdigitalmedia.ac.uk/guide/frequently-asked-questions-about-copyright

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06 Mar, 2013 | Posted by: bswenson

TEST OF “FAIR USE”

-- NASCAR’s attempt to have a fan video of Saturday’s horrific Daytona crash removed from YouTube is a perfect example of the pressures that journalists face daily, says Mickey Osterreicher, a former news photographer who is now a lawyer and general counsel for the National Press Photographers Association (NPPA).
http://www.poynter.org/latest-news/als-morning-meeting/205225/daytona-crash-video-tests-fair-use-copyright-for-fans-and-journalists/

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06 Mar, 2013 | Posted by: st

PAY UP -- Photographer takes copyright infringement case to the Web. Richard Grech: “As the old saying goes, crime doesn’t pay, especially these days in our ever-so-connected global community. That was the situation clothing company DKNY found themselves in when they used copyrighted images for an in-store display.”
http://www.digitaltrends.com/photography/photographer-takes-copyright-infringement-case-to-the-web-succeeds-in-getting-dkny-to-pay-up/

SPEAKING OF COPYRIGHT INFRINEGEMENT -- Fadadmi: -- “It seems then that the expression "copyright infringement " doesn't translate terribly well into mandarin
http://funnyasduck.net/post/13568

SCOFFLAWS BEWARE! -- ISP's Now Monitoring For Copyright Infringement - David Kravets: “The nation’s major internet service providers recently said they are beginning to roll out an initiative to disrupt internet access for online copyright scofflaws. The so-called “Copyright Alert System” is backed by the President Barack Obama administration and was pushed heavily by record labels and Hollywood studios.. http://www.wired.com/threatlevel/2013/02/copyright-scofflaws-beware/

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19 Feb, 2013 | Posted by: st

A REMINDER: Nimmer on Copyright: Celebrating 50 Years – Carolyn E. Wright, Esq. “The U.S. Copyright Office will host a Copyright Matters program on March 6, 2013, at 3:00 p.m. in the Coolidge Auditorium of the Library of Congress. A panel of experts will address “Nimmer on Copyright: Celebrating 50 Years” with reflections about the treatise and copyright law. http://www.photoattorney.com/?p=4213

FIND IT - Use Google Image Search For Copyright Infringement – Staci: “How can you find out if someone stole your pictures? Do a quick Google image search. In fact, Google has made it fairly easy to do. It is truly as simple as a quick drag and drop of your image. Let’s take a walk through. SOURCE:
http://7onashoestring.com/2013/01/google-image-search-copyright.html

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05 Feb, 2013 | Posted by: bswenson

SAVE THE DATE:

“Copyright Matters” Public Events – Carolyn E. Wright: “The U.S. Copyright Office hosted a public event on copyright: February 5 and another March 6, 2013. SOURCE: http://www.photoattorney.com/?p=4182

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05 Feb, 2013 | Posted by: st

THE PICTURE NOT THE IDEA -- Infringement Claim Fails Because Law Protects Expression, Not Ideas – David Walker: “In a case hinging on the similarity between two photographs showing a girl riding "piggyback" on a man's shoulders, a federal appeals court in Boston has ruled that Sony Pictures Television did not violate the copyright of freelance photographer Donald Harney. In its decision earlier this month, the appeals court affirmed a lower court ruling that "no reasonable jury could find 'substantial similarity' between Sony's recreated photo and Harney's original." http://www.pdnonline.com/news/Infringement-Claim-F-7361.shtml

PAY UP TIME -- Photo Agency and Newspaper Pay On Twitter Photo Copyright Infringement. Charles Swan: “Photographer Daniel Morel was awarded summary judgment last week in New York in his ongoing copyright infringement claim against Agence France Presse, (AFP), Getty Images and the Washington Post. AFP and the Washington Post will have to pay him damages after using his tweeted photographs of the Haiti earthquake three years ago without a licence. Whether Getty is also liable remains to be determined. AFP and the Washington Post (and Getty, if ultimately found liable) might have to pay statutory damages of up to $1.2m, but not the tens of hundreds of millions of dollars Morel argued he was entitled to claim.
http://www.swanturton.com/ebulletins/archive/EarthquakesAndOtherDisasters.aspx
https://encrypted-tbn0.gstatic.com/images?q=tbn:ANd9GcTvG4EToxHWEepKetYZvtCxvqHkEp0zU922DdOLiVAkXCh-tYsFwg

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29 Jan, 2013 | Posted by: st

LEGEND POSE -- Photographer of iconic Desmond Howard photo sues for infringement – Darren A. Niclols: “The photographer who snapped Desmond Howard's iconic Heisman Trophy pose has sued the former University of Michigan and National Football League star, along with several other companies, for copyright infringement. Freelance photographer Brian Masck alleges several

entities have used the portrait taken during the 1991 Michigan-Ohio State game without his consent.” http://www.detroitnews.com/article/20130120
/METRO/301200306/Photographer-ic

GETTING TOUGH -- News agencies go on the offensive, call for judicial review of copyright changes – Olivier Laurent: A consortium of news agencies that include Associated Press, Getty Images, Reuters, British Pathé, Press Association and the Federation of Commercial and Audiovisual Libraries has threatened to launch a Judicial Review into the government's plans to change the UK's copyright laws. http://www.bjp-online.com/british-journal-of-photography/news/2236221/news-agencies-go-on-the-offensive-call-for-judicial-review-of-copyright-changes

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22 Jan, 2013 | Posted by: st

WAS IT INFRINGEMENT? -- Is The Recreation Of A Photo, - Copyright Infringement? - Rebecca Tushnet: “Rebecca Tushnet analyzes the First Circuit’s decision upholding a lower court ruling that the recreating the factual elements of a photograph is not copyright infringement.
Professional freelance photographer Donald Harney took a picture of “a blond girl in a pink coat riding piggyback on her father’s shoulders as they emerged from a Palm Sunday service in the Beacon Hill section of Boston.” The photo became a sensation when it was discovered later that the father in the photo had abducted his daughter. Sony Pictures subsequently produced a made-for-TV docudrama, Who is Clark Rockefeller?, and recreated Harney’s photo with the docudrama actors using an image “similar in pose and composition to Harney’s original, but different in a number of details.”
http://clancco.com/wp/2013/01/facts-substantial-similarity-copyright/
TAKEAWAY:

GETTING WEAKER? -- International Media & Archive Consortium warns of Judicial Review over UK Government plans to weaken copyright A consortium of the world’s largest news agencies, commercial licensing companies and commercial audiovisual archives has today called on the UK Government to rethink its plans to weaken UK copyright law and its use of secondary legislation. http://www.stop43.org.uk/pages/news_and_resources.php

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15 Jan, 2013 | Posted by: bswenson

USING PHOTOS

WITHOUT AUTHORIZATION.

(Sometime’s it’s legal.) The First Circuit Courts Tackles Copyright in News Photography and Docudramas. Andrew F. Sellars: “On Monday the First Circuit released an important opinion addressing copyright and news photography, in Harney v. Sony Pictures Television, Inc., No. 11-1760 (1st Cir. Jan. 7, 2003). The case is related to the famous "Clark Rockefeller" incident. The Bottom Line: (unofficial summary): “The law is crafted to allow referencing creative works without authorization.” SOURCE: http://www.citmedialaw.org/blog/2013/first-circuit-tackles-copyright-news-photography-and-docudramas
PHOTO: Donald Harney

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15 Jan, 2013 | Posted by: st

Personal Pictures Become Fodder For Legal Fights In Digital Age - Judy L. Thomas
When JoMarie Mirabile and Travis Soden became engaged in 2009, one of the first things they did was reserve the Kansas City church where they wanted their wedding ceremony. SOURCE: http://www.miamiherald.com/2013/01/03/3165891/personal-pictures-become-fodder.html#storylink=cpy
http://www.mcclatchydc.com/2013/01/03/178879/personal-pictures-become-fodder.html

FOLLOW THE TRAIL -- A Diary of a Copyright Infringement Lawsuit – 9 (Written Discovery) – Carolyn E. Wright: “The time between filing the lawsuit and the trial is used to prepare for trial. To prepare a case for trial, the litigants may conduct “discovery.” Some of the discovery is obtained via written methods, which will be addressed here... SOURCE: http://www.photoattorney.com/?p=4161

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08 Jan, 2013 | Posted by: st

THEFT Photojournalist launches watermark app for iPhone photos. Olivier Laurent. :John D McHugh has released a watermarking app on the iPhone in a bid to root out copyright theft on social networks such as Facebook, Twitter and Instagram.
Source; http://www.bjp-online.com/british-journal-of-photography/news/2233605/photojournalist-launches-watermarking-app-on-the-iphone

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18 Dec, 2012 | Posted by: st

The Boston Occupier - Free Press | Cartoon: Copy Right Infringement - John Hilliard
http://bostonoccupier.com/cartoon-copyright-infringement/

COOL PHOTO LOCATIONS – Chase Jarvis “If you’re an on-location photographer or filmmaker, then you know how much value a great location can add to the shoot. Sure, they serve the practical purpose of attaching one floor to another, but some architects really put the love into designing a stairwell. The best thing about this location: you can find one wherever you already happen to be. http://blog.chasejarvis.com/blog/2012/12/stairway-to-heaven-cool-photo-locations/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ChaseJarvis+%28Chase+Jarvis+Blog%29
PHOTO: Frank Kovalchek

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18 Dec, 2012 | Posted by: bswenson

Facebook Thread Prompts The Union to Address Charges of Copyright Infringement on Front-Page Photo - jeffpelline
The Union is painting itself as a hero amid charges of copyright infringement involving a giant centerpiece photo it ran on the front page on Tuesday without crediting the photographer, with a headline.
http://sierrafoothillsreport.com/2012/12/05/facebook-thread-prompts-the-union-to-address-charges-of-copyright-infringement-on-front-page-photo/
PHOTO: John M. Daly

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20 Nov, 2012 | Posted by: bswenson

NOW, IT’S MINE! -- Canadian Photogs Now Officially Own the Copyright to All of Their Photos – Michael Zhang: “A big win for photographers in Canada: as of November, you now officially own the copyright to all your photographs regardless of whether they were commissioned. The development comes as a result of Canada major copyright reform bill (Bill C-11). One of the stated goals of the new copyright law is to, “give photographers the same rights as other creators.” Previously, photographers were not automatically the first owners of their photographs when shooting commissioned work. http://www.petapixel.com/2012/11/07/canadian-photogs-now-officially-own-the-copyright-to-all-of-their-photos/
TAKEAWAY: In the USA, before the Copyright revision of 1976, enacted in 1978, it was assumed, like in Canada, that a photo belonged to the entity that commissioned it. The new 1976 copyright law changed this to say, “the moment you clicked the shutter, the resulting photograph belongs to the photographer unless it was otherwise stated and signed. This became known as “work-for-hire” which meant freelancers would own the copyright of all of the pictures they took on an assignment unless it was otherwise stated in writing. Newspaper staff photographers, of course, as part of their work description, signed over resulting photos taken for the newspaper to the employer, unless they made arrangements with the newspaper via a special contract. –RE

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20 Nov, 2012 | Posted by: st

In Britain:
NEW PHOTO COPYRIGHT PROTECTION -- Chris Cheesman: Copyright law breakers, including those who regard online photos as easy prey, face a potential flood of lawsuits from photographers now equipped with an easier and cheaper legal process.
http://www.amateurphotographer.co.uk/photo-news/539304/photo-copyright-boost-set-to-open-online-floodgates

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13 Nov, 2012 | Posted by: st

The Copyright Office’s Small Copyright Claims Hearings – (Carolyn E. Wright) The Copyright Office is investigating potential alternatives for handling copyright claims that have a relatively small economic value. As part of the process, the Office is conducting hearings in New York on November 15 and 16 and in Los Angeles on November 26 and 27. http://www.photoattorney.com/?p=4041
TAKEAWAY: A small claims section would be the answer for the art world, just as it is in civil (federal)court. Both legitimate and frivilous claims would be handled (relatively) swiftly. =RE

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30 Oct, 2012 | Posted by: st

COPYRIGHT REGISTRATION – (Is this an advertisment?) Copyright Registry On Line: “Register your copyright online in just minutes. It's a fast and easy way to register your U.S. Copyright for Websites & Online Works, Computer Programs, Written Materials, Books, Articles, Sound Recordings, Musical Compositions, Photography, Visual Arts, Graphics, Performing Arts & Screenplays, and Technical Works. Average completion time of our one-page form is less than 5 minutes. The information is used to securely acquire your copyright, which you may use immediately for most purposes including opening a business bank account. SOURCE: http://copyrightregistry-online-form.com/
For another look: http://www.plagiarismtoday.com/2008/03/11/us-copyright-registry-called-a-scam/
For the government site: www.copyright.gov/help/faq/faq-register.html
TAKEAWAY: Take caution when you attempt to 'cut corners' when you register your photos for copyright protection.

ALL MIXED UP -- Why We Need New Copyright Laws - Benjamin Jackson: In February of 2010, Andy Baio got a nasty letter asking for $175,000. A firm was alleging copyright infringement, and asking for "either statutory damages up to $150,000 for each infringement at the jury's discretion and reasonable attorneys fees or actual damages and all profits attributed to the unlicensed use of his photograph, and $25,000 for Digital Millennium Copyright Act (DMCA) violations.”
http://www.buzzfeed.com/benjaminj4/why-remix-culture-needs-new-copyright-laws

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23 Oct, 2012 | Posted by: st

CHECK YOUR CALENDAR -- Upcoming Important Dates with the Copyright Office. Carolyn E. Wright: ”Here are some upcoming important dates with the Copyright Office” http://www.photoattorney.com/?p=4007

ORPHAN WORKS RETURNS – John Harrington: “While much has changed in the legal and business landscape since the last effort to produce a workable Orphan Works Bill, much remains the same. As a result, Monday, October 22, 2012, The Library of Congress submitted a request via the Federal Register for comments on the current state of play for orphan works. Specifically, they are seeking to hear from all parties regarding what has changed in the legal and business environment since their 2006 report. Comments are due by January 4th. http://photobusinessforum.blogspot.ca/2012/10/orphan-works-returns.html

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21 Aug, 2012 | Posted by: st

BOO! -- Photographers Can Now Use FBI Anti-Piracy Seal. But Should They? – David Walker: “Now that FBI seal and warning are available for use by any copyright holder–including photographers–who wants to use it to deter would-be infringers. Until earlier this week, it was legal only for members of five entertainment and software industry members to use the seal and warning. Is the FBI warning overkill for photographers? Is the deterrent effect worth the risk of scaring off customers? Or has copyright infringement become such a problem that more dire warnings are in order? SOURCE: http://pdnpulse.com/2012/08/photographers-can-now-use-fbi-anti-piracy-seal-but-should-they.html

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26 Jun, 2012 | Posted by: st

THE FACTS, PLEASE -- Using Internet Tools to Gather Evidence of an Infringement – Carolyn E. Wright: “It’s always startling to find an infringing use of your photograph. After the initial shock, there are several things to do to gather evidence regarding the infringement.” http://www.photoattorney.com/?p=3902

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19 Jun, 2012 | Posted by: st

GOTTCHA -- Successful Defense of Copyright Violation. LostArts: “I did a Google Image search early this past week of my ten best selling images and found several instances of them being used illegally. They were on Facebook, Blogspot and two private web sites.” http://blog.dreamstime.com/2012/06/08/successful-defense-of-copyright-violation_art37679

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05 Jun, 2012 | Posted by: st

COPYCAT BLOCKED -- Judge Blocks Google's Divide-and-Conquer Strategy in Big Copyright Cases – David

Walker: “A federal court judge has ruled that the Authors Guild and the American Society of Media Photographers have standing to sue Google on behalf of their members to try to stop the Google Books program. The trade associations have filed two separate lawsuits on the grounds that Google is copying millions of books without permission, in violation of copyright law. SOURCE: http://www.pdnonline.com/news/Judge-Blocks-Google-5874.shtml

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22 May, 2012 | Posted by: st

COPYRIGHT FEE HIKES -- The American Society of Media Photographers (ASMP), along with the Professional

Photographers of America (PPA), has submitted comments to the U.S. Copyright Office in response to proposed new registration fees. ASMP General Counsel Victor Perlman added, "The proposed Copyright Office fee increases would be catastrophic for working photographers and would drastically reduce the frequency of their copyright registrations. We urge the Copyright Office and the Congress to leave the current fee schedule in place."
http://www.marketwatch.com/story/asmp-submits-comments-on-new-copyright-fees-2012-05-14

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15 May, 2012 | Posted by: st

THAT’S MY PICTURE! -- Copyright Claim Against Tumblr May Test Immunity of Photo Sharing Sites – David Walker: “A publisher has filed a copyright infringement case against Tumblr, launching what could be a test of legal rights and responsibilities of photo sharing services and their customers. The outcome could determine the limits of protection photo sharing services such as Tumblr, Pinterest, and Twitpic have from claims over infringements committed by their subscribers.” SOURCE:PhotoDistrictNEWS -online;
http://www.pdnonline.com/news/Copyright-Claim-Agai-5651.shtml

BURNING PLATFORM -- Copyright Small Claims Court - The Discourse of Benefits & Challenges –(John

Harrington: “The US Copyright Office held a roundtable discussion today, May 11, in Washington DC, at the George Washington University Law School on the subject of how (and if) to propose implementing a form of a Small Claims Court for copyright infringement claims. http://photobusinessforum.blogspot.ca/2012/05/copyright-small-claims-court-discourse.html
PHOTO: John Harrington

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