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.
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Copyright and Forum Shopping

Having been brought up at a time when the humour of Monty Python was influential on a young mind, I can’t help thinking of the ‘nudge, nudge, wink, wink’, sketch when reading about photographs. In the sketch, Eric Idle asks a...more

Copyright Litigation and the Risk of Double Costs

An American photojournalist, Ms. Leuthold, was on the scene in New York City on September 11, 2001. She licensed a number of still photographs to the CBC for use in a documentary about the 9/11 attacks. The photos were...more

Stock Photo Agency Need Not List All Photographs in Its Compilation

Alaska Stock, LLC v. Houghton Mifflin Harcourt Pub. Co. - Joining with the U.S. Court of Appeals for the Fourth Circuit, the U.S. Court of Appeals for the Ninth Circuit ruled that a stock photo agency is the valid...more

Considerations for Businesses When Using Getty's New "Free" Images

Getty Images, one of the largest online U.S. stock photo image companies, recently made over 35 million photo images from its inventory available for free online use by any interested person. Getty had previously charged for...more

Considerations for Nonprofits when Using Getty's New "Free" Images

Getty Images, one of the largest online U.S. stock photo image companies, recently made over 35 million photo images from its inventory available for free online use by any interested person. Getty had previously charged for...more

Alaska Stock, LLC v. Houghton Mifflin Harcourt Publishing Co. - USCA Ninth Circuit, March 18, 2014

Alaska Stock, LLC v. Houghton Mifflin Harcourt Publishing Co. - USCA Ninth Circuit, March 18, 2014: Ninth Circuit holds that copyright registration of database of stock photography successfully registered component...more

Who Owns Ellen DeGeneres’ Now-Famous Academy Awards “Selfie”?

In 2012, law professor Justin Hughes published an article in the Harvard Journal of Law & Technology that raised serious questions about how courts have analyzed the Copyright Act’s originality requirement as it applies to...more

Sarah Palin and North Jersey Media Group Battle Over “Fair Use” of Famous 9/11 Photo

The iconic “Raising the Flag at Ground Zero” photo of firemen raising an American flag on September 11, 2001, which appeared on the cover of The Record newspaper and other newspapers on September 12, is at the heart of a...more

Bernstein Shur Business and Commercial Litigation Newsletter #34

We are pleased to present the 34th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight news that will have an impact on business and litigation, including articles and links...more

Electronic Transfer of Copyright Approved by Fourth Circuit

The Fourth Circuit has confirmed what many copyright holders have long hoped was true: That copyright interests can be validly transferred through electronic means, despite language in the 1976 Copyright Act requiring that...more

Take it Personally - Courts Provide Insight into the Value and Implications of Moral Rights

Since moral rights were introduced by amendments to the Copyright Act 1968 (Cth) in 2000, there have been only a handful of decisions which have considered their application. However, two recent decisions highlight that it is...more

Building and Protecting Your Association’s Brand in Social Media: Managing the Legal Pitfalls

In this presentation: - Social Media – Everywhere - How Does Social Media Work for You? - When Social Media Works against You - Laws – Evolving - Defamation - Intellectual Property:...more

Three Point Shot - Summer 2013

With very special thanks to our summer associates Elizabeth Horan (Case Western), Erica Esposito (Harvard), Joshua Espinosa (NYU), Bryce Johnston (Georgetown), Ryan Harris (NYU), and Alex Rosen (Harvard), the Proskauer Sports...more

Social Media Law: Copyright

As a follow-up to our earlier post about Revoking an “Implied” Software License, this interesting US case (Davis v. Tampa Bay Arena Ltd.) deals with the use of photographs on Facebook postings....more

Intellectual Property Bulletin Spring 2013: The Trouble With Sharing

Copyright co-ownership is a well-established method of allocating rights within the software, recording, and motion picture industries. In theory, it presents a clear and simple arrangement and provides a strong degree of...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 31, 2013

Hart v. Electronic Arts, Inc., U.S.C.A., Third Circuit, May 21, 2013 - Third Circuit reverses district court’s grant of summary judgment dismissing claim of plaintiff, former college football player, for violating his...more

Second Circuit Decision Finds Transformative Use Does Not Require Comment

On April 25, 2013, the Second Circuit issued its decision in Cariou v. Prince, agreeing with the artist Richard Prince and his gallery, Gagosian, that “the law does not require that a secondary use comment on the original...more

The Second Circuit Weighs in on Transformativeness in the Visual Arts

A year after hearing oral argument, the Second Circuit has issued its much anticipated decision in Cariou v. Prince on copyright fair use in the visual arts. ...more

Yes Rasta! Appropriate Appropriation: Second Circuit Holds That Commentary on Original Work Unnecessary for Fair Use Defense, Only...

In Cariou v. Prince, No. 11-1197-cv (2d Cir. Apr. 25, 2013), an opinion with significant importance for the art world, the U.S. Court of Appeals for the Second Circuit clarified what is required for a defendant’s entitlement...more

Gavel to Gavel: Check before you pin

No more piles of torn magazine pages or envelopes full of paint chips. Bookmarking sites like Pinterest, Manteresting or Pixcited let us post images of things we like in a neat digital format. Like most other social media...more

Canine Inspired Copyright Confusion?

When we mention confusion on DuetsBlog, we’re typically referring to the well-known likelihood of confusion test of trademark infringement. But today, we’re focused on the apparent confusion many have about the important...more

February 2013: Entertainment Litigation Update

Second Circuit Steers Away from Strict Copyright Protection in the Photography Arena. According to well-known photographer Janine Gordon, rival photographer Ryan McGinley copied more than 150 of Ms. Gordon’s contemporary...more

Social Media Law (Part 2: Twitter & Copyright)

This recent US copyright decision involving Agence France Presse (AFP) and photographer Daniel Morel dealt with the rights of a news publisher to publish images posted to Twitter....more

Metaphysics of the Law—Monge v. Maya, News Reporting and Fair Use

Emerson once said that, through the abstraction of ideals, choice may come without consequence. And so, in many instances, publication of a found photograph by news media will come without consequence. However, in the 2012...more

Music Law Weekly Case Update for Music Industry Executives -- February 1, 2013

In This Issue: - Morris v. Young, USDC C.D. California, January 28, 2013 District court grants in part and denies in part plaintiff photographer’s motion for summary judgment in copyright infringement action against...more

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