Photographs

News & Analysis as of

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

Strike a Pose, Strategically: How to Take Media-Worthy Real Estate Project Photos

In today’s fast-paced media world with shrunken news reporting teams, yet a growing number of online exposure opportunities, architecture, engineering and construction (AEC) and real estate companies have more opportunities...more

Sexual Materials and Divorce

The world of divorce can be a messy and scary place. One area that is problematic is when a couple, during happier times, engaged in filming or photographing nude or sexual acts, which were done merely to illustrate the...more

Hollywood Leads The Way On Drone Use

The Federal Aviation Administration recently granted six aerial photo and video companies exemptions from FAA regulations that — before now — wholesale banned the use of unmanned aircraft systems for commercial purposes in...more

Your Client is Hacked and Personal Information is Leaked Online – Now What?

You are general counsel to a company, and your CEO steps into your office, clutching his iPhone in one hand and wiping sweat from his brow with the other, and tells you that a compromising photograph of him was stolen from...more

Drones and Commercial Real Estate - The Wait Continues

The Federal Aviation Administration (FAA) has been playing catch-up with the developers and manufacturers of "drones," a term those in the media have grown fond of using, or unmanned aircraft systems (UAS)/unmanned aerial...more

Seventh Circuit Criticizes Second Circuit's "Transformative Use" Approach to Fair Use

On September 15, 2014, the U.S. Court of Appeals for the Seventh Circuit issued a notable opinion on the relevance and importance of "transformative use" on the copyright fair use analysis. (Kienitz v. Sconnie Nation LLC, No....more

Ownership of Photograph by Employee

While our last post dealt with the creation of photographs and other works of authorship by primates, robots and divine beings, this story is a little more grounded in facts that you might see in the average work...more

Texas High Court Rules Improper Photography Law Unconsitutional; Or, Why You Care a Creepy Dude Is Not Guilty

The Texas Court of Criminal Appeals ruled in a 8-1 decision yesterday that the “Improper Photography and Visual Recording Act” is facially unconstitutional. The case involved a guy who allegedly took pictures of kids at a...more

Photographers Owe Sales Tax on All Charges Other than Retainer

On September 8, the Alabama Department of Revenue’s Administrative Law Division (the “ALD”) issued a ruling that will likely send shock waves to photographers across the state, and if not successfully appealed or if applied...more

The Celebrity Hacking Scandal and You: 3 Takeaways for Everyone

By now we all know a hacker accessed the personal iCloud accounts of dozens of A-list celebrities and leaked nude photos of stars such as Jennifer Lawrence, Kate Upton, Kirsten Dunst, and Victoria Justice. The anonymous...more

Wikimedia Makes Monkey Out Of Photographer (Or Is It Vice Versa?)

Last month, Wikimedia (the operator of Wikipedia) again refused the request of British photographer David Slater to remove a picture of a monkey from the Wikimedia Commons database of publicly available photographs....more

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