Photographs

News & Analysis as of

If You Post It, Your Opponent Can Probably Discover It

In March we ran a post on how important videos, photographs, and statements on social media sites can be when investigating a property loss. A picture is literally worth a thousand words. Earlier this month, a Florida court...more

Florida Appellate Court Holds There is No Right to Privacy For Information Posted On Social Media Websites Even When Privacy...

On January 7, 2015, in Nucci v. Target Corp, et al, the District Court of Appeal of the State of Florida, Fourth District upheld a lower court’s order compelling Plaintiff Maria Nucci to produce photographs originally posted...more

No. I haven’t been hacked. These are real lawyer photos.

The OTHER craziest law firm biography photo I’ve ever seen… Evidently, we’ve come a long way, baby, in law firm website strategy and attorney photography. I designed my first website around 1995, as Marketing...more

The Craziest Lawyer Website Photo I’ve Ever Seen

Some marketing topics are complex and require a lengthy discussion. Other times, res ipsa loquitur applies. We think today’s discussion of lawyer website biography photos might be one of those....more

Davis v. Electronic Arts Inc. - USCA, Ninth Circuit, January 6, 2015

In Depth - Ninth Circuit affirms district court’s denial of EA’s anti-SLAPP motion, finding that EA did not show probability of prevailing on its incidental use defense because EA’s use of images of former NFL players...more

Amber Coyle v. Michael O’Rourke - USDC, C.D. Cal., January 5, 2015

In Depth - Plaintiff models sue defendants in California state court for statutory invasion of privacy and common law misappropriation, and, following removal, district court remands because subject matter of state law...more

Getting Pictures Off the Internet – Not Easy To Do

I love college basketball.  Given that my Missouri Tigers haven’t given me much to talk about, I thought we could discuss the efforts by this upset Duke fan to have her image removed from the Internet captured during the...more

Florida Court: Facebook Users Have Only "Minimal" Privacy for Posted Photos - "Private" Facebook and Other Social Media Pages Are...

A Florida appellate court has ordered a plaintiff to produce photographs from her "private" Facebook page in an important decision holding that Facebook users' privacy interests in the content they post – regardless of the...more

Make Surveillance Worth the Money

A largely sedentary/stationary workforce is a luxury in the world of Workers’ Compensation law because the idea of a disabling work injury, or a nagging, high cost medical recovery period, seems to be a remote possibility. ...more

California Privacy Law Update: What to Prepare for in 2015 and Beyond

California Governor Edmund G. Brown has been busy over the last year and a half, signing several bills into law that strengthen California’s privacy laws in various areas. The bills range in scope from invasion of privacy and...more

5 Most Popular eMediaLaw Posts of 2014

This was one of the more interesting stories of the year – does the photographer who set up everything to allow for a monkey to take a selfie own the copyright to that selfie?  This year we learned that no, the photographer...more

The FAA Grants Drone Operators Five Regulatory Exemptions

On December 10, the FAA announced that it had granted a total of five regulatory exemptions for unmanned aircraft systems, otherwise known as drones, to four companies that want to fly drones for aerial surveying,...more

Boyd Lighting's Steampunk Sconce Gets Stock Photo Archive Steamed

On December 16, 2014, Lived In Images, Inc. (d/b/a Hometica) sued Boyd Lighting Fixture Company for copyright infringement in the United States District Court for the Northern District of California (San Francisco Division)...more

Drone on Drones: FAA Issues Commercial Drone Permits to Additional Companies

In the face of increasing public and congressional pressure to speed up access to domestic skies for commercial drone use, the FAA granted four companies permission to use drones for aerial surveillance, construction site...more

Rockin’ Around The ©hristmas Tree

This past weekend, my wife and I were fortunate enough to take in the sights and sounds of NYC. Included on our stops was the world famous Rockefeller Center Christmas tree. The tree was lit on December 3. Despite the...more

Panoramic Stock Images, Ltd v. McGraw-Hill Global Education Holdings, LLC - USDC, N.D. Illinois, November 25, 2014

Panoramic Stock Images, Ltd v. McGraw-Hill Global Education Holdings, LLC - USDC, N.D. Illinois, November 25, 2014: District court denies textbook publisher McGraw-Hill’s motion for summary judgment on its statute of...more

Status Updates - November 2014 #9

..A saving grace for search results. In the first case since 2007 to address the issue, a California state court judge recently held that Google’s search results are in fact protected by U.S. free speech laws, and that Google...more

Monkey Selfie Redux

When we last examined the intellectual property issues raised by a self-portrait taken by a talented female Indonesian crested black macaque—popularly known as the “Monkey Selfie”—we concluded that there was unlikely to be...more

NTSB Says Drones Subject to Federal Aviation Regulations - The Ruling Calls Attention to the Need for New, Sensible Regulations...

The National Transportation Safety Board (NTSB) has overturned an administrative ruling in favor of an aerial photographer, upholding the Federal Aviation Administration's (FAA) determination that unmanned aerial systems...more

Waldman: Stop Immunizing Websites That Allow Harassment [Video]

Nov. 18, 2014 (Mimesis Law) -- Ari Waldman, Professor at New York Law School, talks with Lee Pacchia about the recent theft and online dissemination of intimate photos belonging to a number of celebrities such as Jennifer...more

The Transformative Nature of The Fair Use Doctrine: The On-going Debate

While the 7th Circuit, in Kienitz v. Sconnie Nation LLC, 766 F.3d 756 (2014), affirmed a finding of fair use, the court’s analysis expresses skepticism about the approach used in Prince v. Cariou, 714 F.3d 694 (2013) and may...more

Managing Your Online Content and Website

A SURVEY OF PRIVACY, COPYRIGHT, AND TRADEMARK ISSUES - Today, even Elvis has a Facebook page, Instagram2 and Google+ accounts, a Twitter handle, a Pinterest board, and a mobile app. The Internet and the mobile...more

Photoshopping: One Lingerie Company is Bucking the Trend while Making a Buck

It is no secret that advertisements, especially for clothing, accessories, and even cheeseburgers. About a year ago, Brent (Lorentz, of the fellow Duets Blogger fame) discussed the prevalence of unrealistic expectations in...more

Advertising Law - October 2014 #4

Red Bull’s $13M False Ad Deal Crashes Site - Red Bull may claim to give you wings, but a false advertising settlement with the company apparently couldn’t stop its servers from crashing....more

Say Cheese… Snap… The Most Damning Evidence in Employment Law

Before smartphones, emails, text messages and other forms of electronic communications, I would ask alleged sexual harassers whether they had any pictures or video from holiday parties, or if they kept hallmark cards that...more

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