Copyright Photographs

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
News & Analysis as of

9th Circuit opens door to damages against retailers carrying infringing works

One of the attractions of copyright law is that copyright owners can recover substantial damages (which can go up to $150,000 in cases of willful infringement) without having to prove actual losses. But generally these...more

You Just Used My Picture Without Permission?

Artist Richard Prince’s exhibit entitled “New Portraits’’ was displayed at New York City’s Gagosian Gallery and Frieze New York during the summer of 2015. This exhibit featured screenshots of other people’s Instagram photos....more

Losing Control of V

A common client question is: “Can I ‘get in trouble’ for copying a picture, drawing, or cartoon and pasting it into my report, PowerPoint, etc.?” Before you can answer, they try to answer their own question, adding “Everyone...more

Leaked Playboy Photographs Case Considers How Hyperlinking Can Infringe Copyright

The Court of Justice of the European Union (CJEU) has blurred the lines between primary and secondary copyright infringement in a decision concerning hyperlinks to leaked photos of a Dutch celebrity’s Playboy photoshoot. For...more

Infringement of Microscope Photos Yields Magnified Damages

Addressing several issues concerning damages in a copyright infringement case, the US Court of Appeals for the Third Circuit affirmed a jury’s award of $1.6 million to a stem-cell photographer, but vacated and remanded the...more

Ninth Circuit Provides a Second Look at Willful Copyright Infringement **WEB ONLY**

In a case stemming from a copyright dispute over photographs of the legendary hip hop group Run-DMC, the US Court of Appeals for the Ninth Circuit reversed a district court’s grant of summary judgment in favor of a music...more

European Court Of Justice: Linking To Playboy Pics May Infringe Copyright

On September 8, 2016, the European Court of Justice rendered a controversial decision in GS Media v. Sanoma Media, which has been acclaimed by copyright holders and heavily criticized by internet companies....more

Copyright At The Museum: Musings In Anticipation Of The IPO Dinner At The MOMA

As a fan of modern art, I am looking forward to the dinner reception at next week’s Annual Meeting of the Intellectual Property Owners Association (IPO), which will be held at New York’s Museum of Modern Art. As a member of...more

Rams v. Def Jam Recordings Inc. - USDC, S.D. New York, August 16, 2016

In action brought by photographer and subject alleging unauthorized use of photo on recording artist Jeremih’s album cover, district court denies motion to dismiss contributory and vicarious copyright infringement claims,...more

Friedman v. Live Nation Merchandise, Inc. - USCA Ninth Circuit, August 18, 2016

Ninth Circuit revives photographers claims of willful copyright infringement against Live Nation Merchandise over Run DMC photograph it used without permission, concluding lower court incorrectly dismissed willful copyright...more

Getty Images Sued for Allegedly Seeking Licensing Fees for Photographs Available for Free Public Use

Getty Images, a well-known stock photo agency used by many news and publishing outlets, has been sued in the Southern District of New York for allegedly seeking licensing fees from individuals and corporations for the use of...more

Examiner.com Sails to Victory in DMCA Safe Harbor

Addressing whether the owner of a media website could invoke the safe harbor provision of the Digital Millennium Copyright Act (DMCA), the US Court of Appeals for the 10th Circuit affirmed the district court’s grant of...more

Jimi Hendrix Portrait Denied Copyright Protection For Lack of Originality

France is often presented as a country which is quite protective of IP owners, especially in the field of trademarks and copyright.? However, a recent decision rendered by the Paris District Court in relation to a portrait of...more

Copyright and the Creative Commons License

There are dozens of online photo-sharing platforms. When using such photo-sharing venues, photographers should take care not to make the same mistake as Art Drauglis, who posted a photo to his online account through the...more

Interesting court decisions in 2015 in the fields of IP, IT and mass communications: Dentons' takeaway - The consideration in 2015...

Among the many interesting court decisions adopted in 2015 in the areas of intellectual property rights, information technologies and mass media regulation, we have selected the top ten we view as the most notable. Presented...more

Monkey See, Monkey Sue Doesn’t Fly Under U.S. Copyright Law

In August 2014, we posted about a copyright ownership dispute involving selfie photographs. The disputed selfie photographs were taken by a monkey named Naruto in Indonesia in 2011. The photography equipment used to take...more

Why President Lincoln Put the Civil War on Hold to Extend Copyright Protection to Photographs

We’ve taken advantage of past Presidents Days to recount George Washington’s role in the history of U.S. Copyright law, specifically the birth of fair use. That role was not insubstantial, but it was posthumous and,...more

Using “Borrowed” Images in Your Blog

An engaging image, be it a photograph, line art or other graphic, can capture the reader’s attention and drive interest in an online post. Bloggers, especially, are well aware of the attention grabbing benefits of a great...more

So I Got This Letter Claiming Infringement. I Didn’t Even Know the Picture Was Copyrighted . . .

... but now the sender wants a lot of money. What should I do? Did I really stumble into a multi-thousand dollar problem just by using an image I found on the Internet? I’ve heard of patent trolls. Is this some sort of...more

Creative Commons Works: Free to License, But Not Necessarily Free to Use

Companies love to use third-party content for free. In this era of belt-tightening and slashed marketing budgets, why pay to create photos and videos for advertising and other commercial uses when compelling photos and videos...more

Unflattering Photo—A Blogger’s Paradise? - Raanan Katz v. Irina Chevaldina

The U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s grant of summary judgment in favor of defendant based on an assertion of fair use of an unflattering, candid headshot photograph of plaintiff....more

Employee consent to use of personal data reliable under German law

The German Federal Labor Court (Bundesarbeitsgericht (BAG)) has published the reasons for its two decisions about whether an employee can revoke consent given to his or her employer for public use of the employee’s image in...more

Monkeying with Copyrights: Who Owns the Monkey Selfies? A Lesson in Copyright Ownership

People for the Ethical Treatment of Animals (PETA) recently filed a copyright infringement lawsuit on behalf of a crested macaque monkey, who famously snapped a smiling selfie of himself using wildlife photographer David...more

Licensing Agent Has Standing to Bring Copyright Infringement Suit - Minden Pictures, Inc. v. John Wiley & Sons, Inc.

Addressing the issue of whether a photograph licensing agent has standing to bring an infringement suit under the Copyright Act, the U.S. Court of Appeals for the Ninth Circuit reversed a district court decision, concluding...more

The Complications of Copyrighted Images in the Yellow Pages - Yellow Pages Photos, Inc. v. Ziplocal, LP

Reviewing a spectrum of copyright-related issues following the conclusion of a jury trial, the U.S. Court of the Appeals for the Eleventh Circuit affirmed the district court, concluding that willful copyright infringement...more

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