01 Sep, 2010 | Posted by: psnotes



COPYCATS -- The Dangers of Being a Successful Photographer. The biggest risk is that your photographs will be copied and used without your permission. To some extent that’s almost inevitable. http://blogs.photopreneur.com/the-dangers-of-being-a-successful-photographer

MYTHOLOGY 101 -- Don’t Buy In to the Model Release Myth - It’s the myth of the model release for editorial use. Photography columnists, unaware of their First Amendment rights, have been fanning the fires of this issue for years. . http://rising.blackstar.com/dont-buy-into-the-model-release-myth.html
TAKEAWAY: If you read the comments, you’ll see that “myths” die hard,or maybe you can’t kill them. -RE

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25 Aug, 2010 | Posted by: psnotes



A MAN’S CASTLE -- Is a “Property Release” Required for Use of Photo of a House for an Advertisement? - HSBC Bank USA used two photographs of house in a brochure (viewable on Scribd) distributed with the San Francisco Chronicle to advertise mortgages. The owner of the home sued under seven theories of law after others asked him about his financial condition and whether his home was for sale. SOURCE: Carolyn Wright, Esq. http://www.photoattorney.com/?p=1561
TAKEAWAY: Can they use a picture of your house in an ad? Yes, they can, at least, by California law.

THIEF CATCHER -- ImageRights Free Service - ImageRights International, Inc., a company that helps professional photographers and illustrators discover the illegal use of their intellectual property on the Web, is offering a free version of its online image recognition and recovery service to further expand efforts against image piracy. Customers who take advantage of ImageRights’ free service may also participate in the company’s new, optional Recovery Program, which will launch next month to help photographers and illustrators obtain compensation for the unauthorized use of their images. SOURCE: Shutterbug http://shutterbug.com/news/080910imagerights/


ANSEL AUCTION -- A suit alleges trademark infringement, false advertising, trademark dilution, unfair competition and other claims. It does not specify damages but asks the court to order the defendants to pay restitution of their profits from any sales, as well as award any other monetary relief. SOURCE: Brook Donald; Associated Press
http://www.phillyburbs.com/news/news_details/article/177/2010/august/24/lawyer-negatives-verified-as-ansel-adams-work.html
other information: Tale of Ansel Adams Negatives Grows Hazy
A dealer with a troubled past and an unknown photographer complicate claims of a found Ansel Adams trove. SOURCE: REYHAN HARMANCI http://www.nytimes.com/2010/08/14/arts/design/14photos.html?emc=eta1
Thanks: Roy




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18 Aug, 2010 | Posted by: psnotes



PROTEST DOWN UNDER -- Photographers Rights. Earle Bridger: “I am organising a field trip to Sydney to take part in a rally that will protest against the continuing harassment and prevention of photographers taking photographs in public places. SOURCE: Danielle Lancaster.
http://blue-dogphotography.blogspot.com/2010/08/photographers-rights.html

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14 Jul, 2010 | Posted by: psn



FIND PHOTOS Viewfinder Lets You Search Download Flickr Photos on an IPad
The $10 app lets you search through Flickr's vast photo library while giving you the ability to filter your searches to only show Creative Commons photos with specific licenses--which can help you avoid any potential legal issues from using other people's photos. SOURCE: David Dahlquist, Macworld http://www.pcworld.com/businesscenter/article/200964/viewfinder_lets_you_search_download_flickr_photos_on_an_ipad.html


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30 Jun, 2010 | Posted by: psnotes




NOT MY IMAGES -- Wildlife Photographer Sues Zara Over Images - Renowned photographer Nick Brandt commands from $10,000 to more than $65,000 a pop for his prints depicting African wildlife, so when his images allegedly popped up unauthorized on Zara's $39.90 dresses, he sued for copyright infringement, , according to WWD. http://www.nbcnewyork.com/blogs/threadny/THREAD-Wildlife-Photographer-Nick-Brandt-Sues-Zara-Over-Images-96887969.html

COVERING ALL THE BASES -- Five Things You Can Do to Protect Your Online Images - It’s almost a must now for photographers to post their images online. With the advantages of a broader and more accessible market, the Internet also has the disadvantage that it’s much easier for others to steal your work. But there are things you can do to protect your photos. SOURCE: Carolyn E. Wright, a/k/a the Photo Attorney®, http://www.photoattorney.com/?p=1425

HIGH PLACES -- French photographer Francois-Marie Banier stands trial
Francois-Marie Banier, who is a French celebrity photographer, is set to stand trial facing charges that he obtained many millions of euros from one of the richest women in the world.

http://news.yahoo.com/s/ap/20100701/ap_on_en_ot/eu_france_heiress_affair_8


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23 Jun, 2010 | Posted by: psn



NO NUDES IS BAD NEWS -- Sheryln Chopra Nude Pictures Banned By Twitter. Sherlyn Chopra had updated her nude pictures on Twitter a few days ago. Twitter reportedly asked bollywood actress and model Sherlyn Chopra not to upload such images that could raise eyebrows and generate controversies. Social activists have condemned Chopra, and have also warned her of legal action for her act. In her defence Sherlyn Chora maintained, “Is there no freedom of expression anymore? My images are sensual, not suggestive. I’m an Indian and I shall not do anything that goes against my ethos.”
http://www.thatsfamous.com/1890-sheryln-chopra-nude-pictures-banned-by-twitter/







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02 Jun, 2010 | Posted by: psn



STILL GOING -- Shepard Fairey lawyer says fair-use case isn't over yet. A lawyer for Shepard Fairey said the legal battle between the Los Angeles street artist and the Associated Press was far from over, despite a recent AP article to the contrary. SOURCE: David Ng; Los Angeles TIMES
http://latimesblogs.latimes.com/culturemonster/2010/06/shepard-faireys-lawyer-disputes-ap-story.html


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26 May, 2010 | Posted by: psn



PHOTO BAN IS UNLAWFUL -- The Marine Life Protection Act Initiative has reversed its ban on photography and filming at work sessions, following news coverage that called the legality of that ban into question. SOURCE: FRANK HARTZELL; Mendocino Beacon http://www.mendocinobeacon.com/news/ci_15125476?source=rss

WHERE ARE MY PHOTOS? -- Photography Studio Owners Due In Court. The owners of Forever In Time Photography in Salem, NH are scheduled to make a court appearance Thursday on charges of violating the Consumer Protection Act.
http://www.wmur.com/news/23617552/detail.html
more details: http://www.wmur.com/news/23573830/detail.html


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19 May, 2010 | Posted by: psn



YOUR RIGHTS -- Getty Images Launches 'Stock Photo Rights' Site. It's often a difficult thing to figure out rights management when you buy something from a stock site. Be it video, music, photography, or what have you, if you're working at an interdisciplinary type of shop, where your finished product will appear in all sorts of different mediums, those lines can get blurry as to where you're allowed to use things and how much you need to pay for the rights. SOURCE: Steve Delahoyde
http://www.mediabistro.com/unbeige/business/getty_images_launches_stock_photo_rights_site_161988.asp


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12 May, 2010 | Posted by: psn



IT’S YOURS -- So You Think You Own Your Own Photographs? I’m sure many of you have heard in the news about the Digital Economy Bill. It introduced powers to cut your Internet connection if you’re caught illegally downloading films, music or software, but most damaging to us photographers income and rights, it tried to take our photographs too! http://www.travelphotography.org.uk/2010/05/so-you-think-you-own-your-own-photographs/



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05 May, 2010 | Posted by: psn



NO CAN DO -- Photographer Arrested While Photographing Graffiti Artists - Jonas Lara is an artist and photographer working on a long-term project to document artists both in their lives and in the process of their artwork. On February 4th 2010, while photographing 2 graffiti artists painting a mural in Los Angeles. He was arrested and initially charged with Felony Vandalism. SOURCE: Caroln Wright, (photo attorney.com) http://www.photoattorney.com/?p=1215


UNDER THE EARTHQUAKE -- News Agency Suing Photographer It Stole Photos From - AFP (Agences-News-Presse) is suing a Haitian photojournalist for "antagonistic assertion of [his] rights" after it distributed his news-breaking earthquake photos without his permission. AFP is mad because the photographer, Daniel Morel, sent cease and desist letters to numerous AFP clients, allegedly made false and defamatory statements about AFP, and made unreasonable monetary demands of AFP for infringement. Source: David Walker pdNEWS http://www.pdnpulse.com/2010/04/insult-to-injury-afp-suing-photographer-it-stole-photos-from.html




Photographer Scott Nathan is singing Lindsay Lohan for owing him money according to his lawsuit filings. Apparently, Nathan shot a few photos of Lohan for her fashion line 6126 not too long ago and in return, he was told that he would receive 1% interest on all sales. Nathan is claiming that he didn’t receive any interest.
http://pwspoilers.com/photographer-suing-lindsay-lohan=3936



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28 Apr, 2010 | Posted by: psn



PHOTO SHARING, NOT -- Divorcing Long Island couple agrees to share kids, not photos. It's not a pretty picture. A divorcing Long Island couple agreed to share custody of their two kids - but couldn't decide how to divvy up 7,000 family photos snapped during a 21-year marriage.So Nassau County Family Court Judge Vito DeStefano jumped in and put everything into focus.The husband gets 75% of the photos or three out of every four on each page of 75 photo albums. His wife gets what's left. "The court finds that the husband was intricately involved with taking, compiling and cataloging the thousands of photos at issue," DeStefano wrote in a case in which the spouses were identified only by initials. "He equated his collecting of photographs of family with the hobby of collecting rare books." The hubby claimed his camera-shy wife was being vindictive by trying to take the pics, which are mainly of their kids. She said she wasn't in most of them because she was holding the camera. SOURCE: Thomas Zambito New York DAILY NEWS. tzambito[at]nydailynews[dot]com http://www.nydailynews.com/ny_local/2010/04/14/2010-04-14_couple_agrees_to_share_kids_not_photos.html#ixzz0lZ58eGLm




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21 Apr, 2010 | Posted by: psn



HE LEFT HIS LEGAL MARK -- U.S. Supreme Court Justice John Paul Stevens, who announced his retirement on Friday, is arguably the most liberal member of the court. What's less open to debate is that a pair of his opinions written over a decade ago outlined the legal environment that gave rise to today's Internet. Stevens said he was happy to ban certain kinds of "hard-core pornography" and perhaps restrict teaser images on the Web "that serve no function except to invite viewers to examine hardcore materials." But, he wrote in a dissent, the federal law unreasonably sweeps in "a wide range of prurient appeals in advertisements, online magazines, Web-based bulletin boards and chat rooms, stock photo galleries, Web diaries, and a variety of illustrations encompassing a vast number of messages." SOURCE: CNET http://news.cnet.com/8301-13578_3-20002145-38.html


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14 Apr, 2010 | Posted by: psn




GOOGLE GETS GRILLED -- Photography organisations file lawsuit against Google - A number of organisations representing photographers has filed a lawsuit for copyright infringement against Google. The reason for the lawsuit is Google’s ambitious and controversial bookproject, the scanning of all books that have ever been published to make them available online. http://www.fastmediagroup.com/archives/5489


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07 Apr, 2010 | Posted by: psn




MONEY BACK NOT GUARANTEED -- Photographer Wins $588 in Court, Al Gore’s Current TV Wants It Back - Current TV is in a legal tussle with San Francisco photographer Ken Light over the rights to a photo Light took of a prison inmate. Light’s victory may be short lived. In a surprising move, Current TV has motioned for an appeal — they want their $588 back. SOURCE: PETAPIXEL
http://www.petapixel.com/2010/04/02/photographer-wins-588-in-court-al-gores-current-tv-wants-it-back/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+PetaPixel+%28PetaPixel%29

PHOTO: KEN LIGHT


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23 Mar, 2010 | Posted by: psn



NOT DREAMSTINE, --IT WAS JUPITERIMAGES. A wrongful use of a stock photo? -- Ms. Krupnik, 31, is suing the makers of the film for their “ongoing, unauthorized and defamatory use of her likeness in a derogatory and humiliating context,” according to a lawsuit filed in State Supreme Court in Manhattan. She seeks $10 million in damages.
The thought of an older man pleasuring himself at the sight of a younger woman is what made the scene especially troubling, according to the lawsuit.
The scene has hurt Ms. Krupnik’s professional reputation, according to the lawsuit. She works in New York as an image consultant and makeup artist, the lawsuit said. The scene led many of her clients and acquaintances to believe incorrectly that she was “the type of person who would agree to having her photograph and likeness used publicly as an object for masturbation.” http://cityroom.blogs.nytimes.com/2010/03/12/turning-off-the-phone-after-20-years-on-call/
TAKEAWAY: The “use of an image” has its limits, depending on the culture you live in.


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17 Mar, 2010 | Posted by: psn



RIGHTS -- Google Play’s impact on photographer rights - Google has now added functionality to the reader that is intended to improve the engagement of its users. For photography owners this raises the question of rights. http://www.fastmediamagazine.com/?p=4566

QUICK RELEASE -- Model Release Forms Go Mobile with New iPhone App - For $9.99, you can replace paper release forms (just like the FedX and the UPS guy) with an app that incorporates industry-standard legal language that is accepted by the world's leading stock photo companies. http://www.creativepro.com/article/model-release-forms-go-mobile-new-iphone-app


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10 Mar, 2010 | Posted by: psn



KEEPERS -- Leibovitz can keep portfolio under new debt deal. Annie Leibovitz, the photographer who mismanaged her fortune so badly that she faced losing legal rights to some of pop culture's most enduring images, has reached a long-term agreement with a private investment firm to help manage her debt and market her vast portfolio. In the course of her 40-year career, Leibovitz's lens has captured such famous faces as Queen Elizabeth II and Bruce Springsteen, many for the covers of Vanity Fair, Vogue and Rolling Stone. SOURCE: ULA ILNYTZKY
http://www.google.com/hostednews/ap/article/ALeqM5i7_vQj-Jl1aXEqoFyMQpjnnXuBVAD9EB96SO3



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03 Mar, 2010 | Posted by: psn




NO PICTURES HERE! In an effort to safeguard the original record copies of the Declaration of Independence, the U.S. Constitution and the Bill of Rights, the National Archives has decided to ban all photography in the Rotunda, where the historical documents are displayed.
http://www.npr.org/templates/story/story.php?storyId=124052198&ft=1&f=1003
TAKEAWAY: well, if you want a picture of the National Archives Building, inside or out, just go to Google Images and you’ll find many. To Wit:



WHAT NOW? -- Dealing with Infringers - You have lots of options when you find an infringement. Just as your trusty f2.8 24-70mm lens is not always the right lens for the job, there’s not necessarily one response to every infringement.http://www.photoattorney.com/?p=1111




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27 Jan, 2010 | Posted by: psn



WHERE HAVE ALL THE RIGHTS GONE? -- National Archives to ban photography in exhibit. Tourists will soon be banned from taking photographs or video at the National Archives main exhibit hall to help protect the Declaration of Independence, U.S. Constitution and Bill of Rights.
http://news.yahoo.com/s/ap/20100125/ap_on_re_us/us_national_archives_no_photographs_1
TAKEAWAY: Hmmmmm, doesn’t the Bill of Rights (includes Freedom of the Press) protect our right to photograph in public – especially when the document provides the very right to freely photograph in public (the Bill of Rights)? Surely, this heavy-handed outright ban on picture-taking approach to photographing archival documents could be handled better than this. Here's an idea:: Have the bureaucrats, require tourists to apply for an (in-house) "pass" to photograph the Bill of Rights. The so-called deterioration of camera flash effect would be lessened 99% if the tourists (and pros, for that matter) are reminded not to use flash. -RE


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20 Jan, 2010 | Posted by: psn



MISSING PHOTOS -- Prison term for N.J. wedding photographer Burlington County prosecutors say the 62-year-old Holton failed to deliver photographs, albums and other products to 88 couples between September 2002 and May 2009. The thefts range in amount from $800 to $6,600, and the victims came from several counties across New Jersey.
http://www.app.com/article/20100109/NEWS03/100109072/0/BUSINESS&source=rss


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13 Jan, 2010 | Posted by: psn



NO EXCUSES -- If you don’t know the law, you’ll find it here. "Photographer's Legal Guide" And it’s .. Now Available for Kindle - The Guide also is available as an E-book and paperback. It has been slightly updated with new links and information current for 2010. http://www.photoattorney.com/?p=1019



LOST APPEAL -- Photographer Loses Bid to Refuse Same-Sex Wedding Jobs - A New Mexico
wedding photographer who refused on freedom of speech and religion grounds to photograph a same-sex commitment ceremony in 2006 has lost her anti-discrimination appeal.
http://www.pdnonline.com/pdn/content_display/features/pdn-online/e3i7d41666c039b61afca226786f0011fd9


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06 Jan, 2010 | Posted by: psn



DON’T SHOOT US! -- Paparazzi law in California: Restricting photography of stars. Arnold Schwarzenegger recently signed a bill that will make it easier for stars to sue the media for taking and using photographs of them when they have a reasonable expectation of privacy. What exactly does that mean? http://www.examiner.com/x-33792-Kardashian-Examiner~y2010m1d2-Paparazzi-law-in-California-Restricting-photography-of-stars

DONUT TIME -- Police Car Photography Suit Filed. Taking a picture of a police and/or security officer in Charleston has led to a Kanawha Circuit Court complaint against the West Virginia State Police. http://www.huntingtonnews.net/local/091221-rutherford-locallitigationroundup.html


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15 Dec, 2009 | Posted by: psn



FAMILY FOTO FELONY -- Family photo shoot at California's Seacliff State Beach highlights obscure state law On Friday, a State Parks ranger told McGhee and at least two other holiday card photographers they were breaking the law by shooting photos in front of the pier at the state beach without a permit. A little-known State Parks regulation requires commercial photographers to acquire a permit through the California Film Commission before embarking on still or motion picture shooting at any state-administered park or beach, including Seacliff.. http://www.santacruzsentinel.com/ci_13915205?


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02 Dec, 2009 | Posted by: psn



WRONG PHOTO? -- Keith Ellison is a pretty safe bet to win his Minnesota district in 2010, but as of this week he officially has a challenger: Minneapolis lawyer Lynne Torgerson. But judging by the main photo on her Web site, it's unclear if Torgerson is ready to give up the law just yet. Beneath a "Torgerson for Congress" banner is a photo of Torgeson in front of ... the Supreme Court. http://bit.ly/4Dqgkw
TAKEAWAY: With the unbridled availability of stock photos, (and amateur researchers who know little about photo research) we’re going to see more mistakes like this. The picture behind the politician is the Supreme Court building,…not the Senate or House of Representatives. (Unless Ms. Torgerson is running for the Supreme Court!)




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25 Nov, 2009 | Posted by: psn



CHALK ONE UP – Court Makes Ruling in Favor of Photographers – The PhotoAttorney : “As previously reported in my March 20, 2008, blog, courts have disagreed as to whether photographs of copyrighted works are derivative works. But one of the prior decisions on this issue has been overturned and, as a result, the court has given photographers some good law. The Court of Appeals remanded the case so that the lower court could determine whether Schrock’s and Learning Curve’s contract dictated that Schrock could not register/copyright the photos. While the issue of whether a photograph of a copyrighted work is a derivative work is not resolved, the 7th Circuit has done a lot to support photographer’s rights with this opinion. http://www.photoattorney.com/?p=821


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17 Nov, 2009 | Posted by: psn



GRABBERS -- The Photo Attorney (Carolyn Wright, Esq.) reports on a site ( ElfYourself.com ) that is gobbling up more than is needed to effectively operate its service. Three other grabbers are also mentioned. SOURCE: ThePhotoAttorney. http://bit.ly/1uzGft

OUCH! THAT HURT! -- Paparazzi Photographer Gets In Fight With Mike Tyson. Celebrity photographer Tony Echevarria reportedly got in a one-round fight with Mike Tyson yesterday at LAX, the Los Angeles International Airport. Unclear who won, but news reports say Tony was treated and is now re-Laxing at a local hospital for a cut on his head. http://bit.ly/2SbnxD
TAKEAWAY: Both of Tony’s ears are still intact.

MISUSE of PHOTOGRAPHY – East County photographer sentenced to 60 years. A Spring Valley man who used his photography business to lure young girls... http://www.signonsandiego.com/news/2009/nov/16/east-county-photographer-sentenced-to-60-years/


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11 Nov, 2009 | Posted by: psn



GRAB? – Protect Your Flickr Photos! - Some companies may be grabbing your Flickr photos through Flickr's API. An API stands for "application programming interface" and is used to allow other software programs to interact with it.
(It's not known whether Toyota used Flickr's API in the incident referenced here.) The Flickr API is available for non-commercial use by outside developers. Commercial use is possible by prior arrangement. SOURCE: Photo Attoney. (See Workshops below. The Photo Attorney, Carolyn Wright, will be giving a presentation in Philadelphia, December 12th) http://www.photoattorney.com/?p=785



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04 Nov, 2009 | Posted by: psn






YES YOU CAN: The Copyright Attorney shows us our rights. After snapping some photos of the beautiful building, a library worker asked her, "Are you taking pictures?" and told her that she is not allowed to take photos in the library without permission from the marketing staff. SOURCE: Copyright, Photographer's Rights, Photography Not Allowed, by Carolyn E. Wright http://bit.ly/4hUuda

DOUBLE WEDDING -- Bad photograph pair 'marry' again (UK). A couple from West Yorkshire whose bad wedding photos became worldwide news have recreated their special day (with another photographer.) http://bit.ly/4DpuQl


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21 Oct, 2009 | Posted by: psn



THE SQUEEZE IS ON -- California Gov. Arnold Schwarzenegger has signed an anti-paparazzi bill making it easier to sue media outlets that use photos that invade celebrities' privacy. http://bit.ly/2XNwm6 . http://bit.ly/lOgug


BLACK PATHERS REMINISCENCE -- The Black Panther Party's most captivating and charismatic leader has been dead for 20 years, and the once-notorious black power group splintered apart years earlier. But those who gathered recently at the Oakland Library were transported back in time as women of the Black Panther Party rekindled memories and showed that the social-justice programs created four decades earlier still are very much alive. The program in Oakland, Calif. was offered as part of Black Panther History Month. Numerous photos, books, buttons and poster art provided by historian Billy X Jennings served as the backdrop. The West Oakland Library is hosting an Underground Newspaper Exhibit this month, and on Oct. 23 and 24, Laney College will host a Black Panther Party Book Fair and Teach In. For more information about Black Panther History Month events: www.itsabouttimebpp.com
http://www.insidebayarea.com/oaklandtribune/localnews/ci_135811
TAKEAWAY: Photos will be available to help educate the public about the Black Panther movement in the 60’s and earlier. Will photos of protest movements today be available to the public in 2049? Or will cameras and photos be banned?


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14 Oct, 2009 | Posted by: psn



SOCIAL JUSTICE? – “A Week of Peace and Social Justice Activities in Boston” . Afghanistan: Resisting Occupation and Fundamentalism - various locations around Boston between Thursday 10/15 and Monday 10/19. Zoya, a member of the Revolutionary Association of the Women of Afghanistan (RAWA), is doing a whirlwind tour at multiple Boston area college campuses this week. No photography or vidography will be allowed at these events for security reasons and indicate that people with cameras will be turned away.
http://www.openmediaboston.org/node/966
TAKEAWAY: How’s that again? No photographers allowed? Which century are we in? Whose security are they protecting? Do we see “Home Security” working in reverse here? -RE


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30 Sep, 2009 | Posted by: psn



CREATIVE COMMONS PHOTO Can I use one without a Model Release? Question:
“Am I at legal risk in the U.S. if I use a photo with a Creative Commons license where a recognizable face is in the photo and the photographer did not acquire a model release? This would not be for commercial use, just the cover of a free ebook.” The Photo Attorney explains 4 kids of PrivacyRights. That said, when you use a person’s likeness editorially, rather than commercially, a model release is typically not required. This is because, in the case of the editorial use of photographs, a person’s rights are evaluated in light of constitutional interests. Additionally, “What is the definition of an editorial use? Courts traditionally have defined public interest or newsworthiness in liberal and far-reaching terms, not limiting it to the dissemination of news in the sense of current events. They have extended it well beyond that to include all types of factual, educational and historical data, even including entertainment and amusement and other interesting phases of human activity in general. ..” SOURCE: Carolyn E. Wright, Esq. In Black Star Rising. http://bit.ly/ROgl3

DON’T SHOOT FIRST. -- Photographers sue for $1m over wedding shoot-out. Two photographers are suing a supermodel and a football star, accusing their bodyguards of shooting at them after they had taken pictures at the couple's 'after-wedding party'. http://bit.ly/15wUDe

SOLVING THE PROBLEM -- Policeman deletes his own photos of footballing grandson (UK). According to the Daily Mail, a retired senior policeman deleted his own photos after being banned from photographing his grandson playing football. [Unfortunately the reasons for the patently insane policies of the Football Association are not explained, but they derive from the Rights of the Child embodied in the Children Act 1990. For which we must blame patently insane (UK) government.] http://bit.ly/15N8sG


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25 Sep, 2009 | Posted by: psn



DOWN AT CITY HALL. NYC Street Photography - City Council Hearing. New York City has updated its photo rules for pros and amateurs who shoot on the streets of New York City. Concerned photographers and film producers will meet with NYC Council members on the subject.(Sept 24, for more info: ) If you can't attend but have a compelling story to tell, write it up! Post in the comments section at < www.PictureNY.org > Excerpt from announcement: PLEASE NOTE: It is an open hearing. You will sign up when you arrive. The Sergeant of Arms will have slips for you to fill out. Please give yourself ample time because of security checks before entering City Hall. SOURCE: The Photo Attorney. http://photoattorney.wordpress.com/2009/09/12/nyc-street-photography-city-council-hearing-on-92409/ - PictureNY.org http://bit.ly/1nS60t


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02 Sep, 2009 | Posted by: psn



UNLESS YOU ARE A PAP EXTRODINAIRE - THEY SAID IT CAN’T BE DONE -- The Photo Attorney (http://www.photoattorney.com ) advises: Lesson #1 - don't trespass to take a photo. Lesson #2 - don't take a photo of a person who has an expectation of privacy. George Clooney is suing a paparazzi who "climbed over the villa garden wall on Clooney's property in Italy and took pictures of a 13-year-old girl changing in one of his guest rooms." If true, then the photographer may be found liable for trespass, invasion of privacy, and/or intentional infliction of emotional distress, among other claims.
http://www.hollyscoop.com/george-clooney/george-clooney-suing-paparazzi-over-underage-pictures_21217.aspx


YES, I CAN – Bert P. Krages, article-writer, book author, and all-‘round photo attorney, provides a mini-placard you can show to security guards, detectives, vigilantes, law enforcement people(in uniform or otherwise)who attempt to prevent you from taking pictures in public. Know your rights. http://www.krages.com/phoright.htm
In Britain you can use a similar card: http://www.highton-ridley.co.uk/blog/2009/08/photographers-bust-card-uk-only.html
In Australia: http://www.artslaw.com.au/legalinformation/StreetPhotographersRights.asp


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26 Aug, 2009 | Posted by: psn




ECONOMIC WOES -- A defunct New Jersey photography company that once refused to hand over thousands of wedding photos and videos has been ordered to pay fines and restitution after a judge found it failed to deliver wedding photos and videos. http://bit.ly/J3rcy

GOLD DIGGER PHOTOGRAPHY? -- Photographer Sues Apple Over iPhone App.
Photographer Louis Psihoyos has filed a copyright lawsuit against Apple, claiming one of his photographs was used without permission in an iPhone application. Its the second time Psihoyos has sued Apple over the same picture. http://bit.ly/l7sEj
TAKEAWAY Deep pockets are always a target for photographers who can team with a lawyer who will agree to make a case for possible infringement. You be the judge in this case.


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19 Aug, 2009 | Posted by: psn




COMMERCIAL USE -- "How I Learned to Stop Worrying About Model Releases" - The advice I give other photographers is to carry model releases with you, get them signed when you can, and get a phone number and address from your subjects. And if you can't get them signed, make the subject unrecognizable. http://rising.blackstar.com/try-this-trick-to-avoid-model-releases.html
TAKEAWAY: If you’re an editorial stock photographer, be sure to check out the Kracker Barrel http://board.photosource.com/read.php?1,10291 on why you don’t need model or property releases if you are an editorial stock photographer. –RE


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29 Jul, 2009 | Posted by: psn



CENSORSHIP – Is Taking, Selling or Publishing Images of Hunting, Fishing, or Trapping Illegal? - The Professional Outdoor Media Association (POMA) and others are concerned that the ramifications of the government's case against Robert J. Stevens will result in making it a felony to take, sell or publish images of hunting, fishing or trapping. Stevens was convicted of knowingly selling depictions of animal cruelty with the intention of placing those depictions in interstate commerce for commercial gain, in violation of 18 U.S.C. § 48. http://www.photoattorney.com/2009/07/is-taking-selling-or-publishing-images.html
TAKEAWAY: Hmmm, I wonder what the fellas in the Reichstag of 1942 would have to say about this. –RE


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22 Jul, 2009 | Posted by: psn



FLICKR ISN’T ALWAYS FREE. BBC pays photographer $1200 for using photo without permission. Stock photography is expensive for a reason - stock photographers travel to locations, spend hours/days taking photos, processing them etc so that they look their best. This is expensive. http://www.bitterwallet.com/bbc-pays-bw-reader-600-for-using-photo-without-permission/15027 ...



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16 Jul, 2009 | Posted by: psn



TIME LIMITS -- Statute of Limitations for Use of Photos of Persons? - Is there a statute of limitations for the use of a picture of a person in a public
space with no model release? Can you use the image after a period of time?
http://www.photoattorney.com/2009/07/q-statute-of-limitations-for-use-of.html
TAKEAWAY: But don’t handcuff yourself,-- as the PhotoAttorney suggests, if the picture use is not for advertising, commercial use, endorsements and some celebrity situations, there is no time frame to think about.

BIG BROTHER -- Watch out, --you botanists! A southern Ontario, Canada woman is suing Black's Photography for handing her photos of marijuana plants to the local police. Someone will have to produce the photos in court. http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20090709/marijuana_pictures_090709/20090709?hub=Canada


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08 Jul, 2009 | Posted by: psn




FREE PUBLICITY. News and Information on the Google Book Settlement. Many photographers are also authors. If you published a book before January 5, 2009, your work may be subject to a class action lawsuit brought by authors and publishers, claiming that Google has violated their copyrights by scanning their books, creating an electronic database, and displaying short excerpts without the permission of the copyright holders. http://www.photoattorney.com/2009/06/news-and-information-on-google-book.html
TAKEAWAY: Can you remember back a decade ago when a similar suit was proposed against Google for “capturing” photographer’s images without compensation and placing them in what we now know as Google Images? Can you imagine what Internet life would be like without Google Images?
As an author myself I decline to make some money from the folks building this suit. In fact I find it a compliment that Google wants to capture the content of some of my books. It’s great publicity.
-RE


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