Photographs

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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

The CFAA Does Not Apply To Facebook Photo Theft

The Computer Fraud and Abuse Act (CFAA), codified at 18 U.S.C. § 1030 et seq, is a criminal statute that forbids, among other things, "intentionally access[ing] a protected computer, without authorization" when the access...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

Massachusetts Court Ruling on ‘Upskirt’ Photos

The Supreme Judicial Court of Massachusetts has overruled a lower court’s decision to arrest and prosecute a man for taking photos up women’s skirts and dresses. In 2010, Michael Robertson was arrested in a sting after...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

Quirky Question #216, Use of a Photograph of a Former Employee

A junior member of our marketing department left to join a competitor. While she was with us, she created numerous marketing brochures with photographs of her demonstrating our product. We received a letter from the...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

Lessons From Naked Pictures

Sometimes you can find great employment law lessons in the craziest places and lawsuits, and even non-employment law lawsuits. This month, a decision was issued by a Family Court Judge in Brooklyn, New York that, while an...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

Can Saying Cheese Expose an Employer to Liability?

It’s holiday time! And what comes with the holidays? Company holiday parties! Pictures from holiday parties can leave employers with a holiday hangover. Below we look at several scenarios that provide some guidance and...more

Photographers’ Rights in California

What rights do a photographer have to take a photo and what limits may law enforcement or the courts impose on those rights? The courts in California have not clearly defined these rights. However, some guidance can be...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

Labor Letter, August 2013: NLRB Taking Close Look At Photography Policies

In February of 2009, a Wisconsin medical center fired several nurses after they electronically posted patient x-rays to their Facebook page, revealing the presence of a potentially embarrassing foreign object. As a result,...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

No Photographs, Please

A recently-surfaced Advice Memorandum from the National Labor Board’s (NLRB’s) Office of the General Counsel opined that an employer social media policy prohibiting employees from photographing or video recording the...more

SHARE this photo if you want a lawsuit: Avoiding liability when using public photos to advertise on social media websites

Your company just hosted a successful public event — perhaps a fundraiser for a local charity. Now that the event is over, all that remains is to post photos from the event on your company’s Facebook page. Right?...more

Employer’s Social Media Ban on Photographs, Video Is Unlawful, According to NLRB

The National Labor Relations Board (NLRB) continues its scrutiny of social media policies....more

The map is not the territory: why visiting the accident scene is so important

A little girl rode her bike along a bike path. The path approached a two-lane vehicle bridge and ran alongside it, like a sidewalk. Her family rode behind her. Her younger brother, new to his two-wheeler, bumped her bike. The...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

Guide to Compliance with the Amended COPPA Rule

What Is COPPA? •Children’s Online Privacy Protection Act, enacted by Congress in 1998 •Congress directed the Federal Trade Commission (FTC), the nation’s consumer protection agency, to issue and enforce regulations...more

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