Photographs

News & Analysis as of

Australian employee wins workers compensation benefits after coworker takes covert photographs of her

An Australian employee has won her bid for workers’ compensation benefits for psychological injury after she learned that a coworker had taken covert photographs of her....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

Proposed Amendment to Illinois Law Would Have Changed Shape of Biometric Privacy Litigation

Late last week, the Illinois state senate considered an amendment tacked onto to an unrelated bill that would have revised the Illinois’ Biometric Information Privacy Act, a law that has been the subject of much debate and...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

Tenth Circuit Affirms Lower Court Ruling on Meaning of “User” in DMCA §512(c) Safe Harbor

Title II of the Digital Millennium Copyright Act (DMCA) offers safe harbors for qualifying service providers to limit their liability for claims of copyright infringement. To benefit from the Section 512(c) safe harbor, a...more

Alabama Appellate Court Finds Photos Merely Incidental to Nontaxable Photography Services

On April 29, 2016, the Alabama Court of Civil Appeals handed the Department of Revenue (Department) a significant loss in their continued attempt to tax non-enumerated services and tangible property provided in conjunction...more

Before You Upload That Student Photo, Ask: What Would FERPA (Have Me) Do?

It’s Springtime in Chicago again, which means you can count on two things–complaints about the lingering cold weather and the Annual Illinois ASBO Conference, which is going on now in Schaumburg, Illinois. I was lucky enough...more

Spotlight on Alabama: Sales Tax Held Not to Apply to Tangible Personal Property

The issue of whether photographers, and specifically commercial photographers, must collect and remit Alabama sales tax on charges for their services and the tangible property associated with those services, has been a topic...more

Hyperlinking to unauthorised content does not itself constitute copyright infringement, says Advocate General

The Advocate General of the Court of Justice of the EU (CJEU) has stated in a legal opinion that posting a link to a website that contains “freely accessible” copyright infringing content should not itself amount to copyright...more

The First Circuit’s “Scungy” Backpage: Copyright And Right Of Publicity Claims Ineffective Against Sex Trafficking

In Doe v. Backpage.com, the First Circuit affirmed the District of Massachusetts in holding that Section 230 of the Communications Decency Act (CDA) shields from civil liability a website used by third parties to facilitate...more

Campaign IP Violations Part 2 – Trump Sued for Copyright Infringement

In December, we blogged about the unauthorized use of copyrighted songs by political campaigns. Well, those campaigns should also double check the images they are using. Donald J. Trump For President, Inc. was sued in federal...more

PETA Isn’t Monkeying Around With Copyright Ownership Rights

As we reported in a recent post, PETA lost its efforts, on behalf of Naruto the monkey, to secure his claim to copyright ownership of his “selfie” photograph. ...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

Virginia GOP Settles Copyright Lawsuit Brought By On-Line Publisher

Valerie Garner, publisher of the Roanoke Free Press website, has settled her copyright lawsuit against the Virginia Republican Party related to the unauthorized use of a photograph she took of Delegate Sam Rasoul. This...more

Google Is the Latest Online Provider to Face Class Action over Collection of Faceprints

As we have previously written about, there are several ongoing biometric privacy-related lawsuits alleging that facial recognition-based systems of photo tagging violate the Illinois Biometric Information Privacy Act (BIPA). ...more

Playboy Enterprises International Inc. v. Mediatakeout.com LLC - USDC, S.D. N.Y., March 8, 2016

In dispute over Playboy photos of rapper Azealia Banks, district court denies motion to dismiss copyright infringement and Digital Millennium Copyright Act claims stemming from website’s unauthorized addition of its own...more

50 Cent Breaks the Golden Rule of Social Media Posting

“Be careful what you post.” This may be the most obvious of social media commandments. Yet, it’s also true that it’s difficult to control the degree of public access to photos and messages posted on a social media platform,...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

Note to Self: Posting My Beach Vacation Photos on Facebook During FMLA Leave is Not a Good Idea

I always love a good social media FMLA smack down. It’s even better when the employer handles the situation in textbook fashion. Today’s installment offers both, while also providing a road map for employers when...more

9/11 Photo Fair Use Case, North Jersey Media Group v. Fox News, Settles on First Day of Trial

Fox News and North Jersey Media Group have announced they have settled their copyright dispute over the use of the iconic photo taken in the aftermath of 9/11, “Raising the Flag at Ground Zero,” that was posted on Facebook by...more

The battle between children’s right to privacy vs. publisher’s freedom of expression

In the battle between protecting children’s right to privacy and allowing publishers to exercise their freedom of expression, recent case law has seen children’s rights triumph....more

Copyright Act confers no rights upon animals

Naruto the monkey must abandon his budding photography career and go back to using his opposable thumbs towards some other end. To bring the monkey-selfie case to a close, the US District Court outlined its careful reasoning...more

The Case of the Monkey Selfie

Here’s the story: back in 2011, this monkey gets hold of a photographer’s camera (there are multiple versions of how the monkey actually got the camera, so we will just state the fact we do know for certain – it ended up with...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

Carlos Santana is Everywhere

Seeing Carlos Santana this weekend while watching the Super Bowl with friends reminded me about the recently filed copyright infringement suit against BuzzFeed. You might be thinking, “that was Chris Martin of Coldplay, not...more

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