Photographs

News & Analysis as of

New Copyright Case Highlights Issues Relevant to Photographers

Photographers are often disturbed to find that they are without a meaningful remedy when their work is infringed, because they didn’t register the copyright in their photographs....more

A Picture is Worth a Thousand Words - and Maybe $150,000!: Helpful Hints and Guidelines on the Use of Internet Images

A bank manager decides to update the bank’s website. The IT manager assigned the project wants to include photographs and images to enhance the information on the website. The IT manager uses several photographs from the...more

Court Finds Misappropriation Claims Arising From Licensing of Copyrighted Photographs Are Preempted

Judge André Birotte Jr. of the U.S. District Court for the Central District of California has dismissed a lawsuit brought by former college athletes alleging that the licensing of copyrighted photographs from their NCAA...more

Privacy Settings Won’t Keep Social Media Posts Out Of Court

On Jan. 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

Foster v. Lee - USDC, S.D. New York, February 25, 2015

Plaintiff Lelanie Foster, a freelance photographer, conducted a photo shoot for JJ Eyelashes, a business that produces silk eyelash extensions and owns several salons at which those eyelashes are made available for sale and...more

Cariou v. Prince: A Controversial Redefining of the Distinction between Parody and Satire

The controversy that swirled around the 2013 Cariou v. Prince decision was once again ignited with the Seventh Circuit’s recent decision in Kienitz v. Sconnie Nation LLC – a decision that, fairly or unfairly, took direct...more

Photos speak louder than words: document a car accident with pictures

In 2013, 988 people were killed in 892 motor vehicle accidents in Illinois. In 2012, the national figure reached 33,561 fatalities and 2,362,000 injuries as reported by the National Highway Traffic Safety Administration....more

Celebrating residents in public housing

Residents in public housing are resilient, despite the overwhelming obstacles that they face every day. Public housing has been home to many inspiring stories of success for individuals and families. Put simply, the people of...more

Summary Judgment Denied On “Fair Use” Defense In 9/11 Photograph Case

On February 10, 2015, the Southern District of New York denied Fox News’ motion for summary judgment in a copyright lawsuit involving the posting of a copyrighted image on its Facebook page. North Jersey Media Group, Inc. v....more

Home or Away: The CJEU confirms that foreign online infringers can be sued in your local court

Your copyright is being infringed by an online company based outside the UK and you want to take action. Your first reaction may be to ask for local lawyer recommendations in the jurisdiction where the company is based, but...more

North Jersey Media Group Inc. v. Fox News Network LLC - USDC, SDNY, February 10, 2015

In copyright infringement action involving allegations that Fox News posted to its Facebook page plaintiff’s 9/11 photograph of firefighters raising American flag near World Trade Center juxtaposed with iconic World War II...more

Persuasive Visuals Make a Difference at Any Stage of a Claim

Woodland Hills Accident Attorney, Barry P. Goldberg, has long been a proponent of persuasive visuals even at the earliest stages of a claim. Not only do insurers react to what they can actually see, visuals create a more...more

UK: Passing Off – How Rihanna “found love” in the Court of Appeal

On 22 January 2014 the Court of Appeal upheld the High Court decision in a claim for passing off brought by global superstar Rihanna against Topshop. The dispute centered on a t-shirt which was sold by Topshop in its...more

The Artist’s Legacy – Business and Legal Planning Issues

Sheppard Mullin attorneys Christine Steiner and Lauren Liebes recently joined Weston Naef, Getty Photography Curator Emeritus, and ASA appraiser Jennifer Stoots for “What Will Become of Your Legacy”, a panel discussion at Los...more

California Legislature Takes Another Pass at Regulating Drone Operators

As part of our continuing California drone law coverage, today we report on the latest attempt by the California legislature to regulate unmanned aerial vehicles. Introduced yesterday by California State Senator Hannah Beth...more

Photographs Posted on Facebook are Discoverable

The Fourth District in Nucci v. Target Corp., --- So. 3d ----, 2015 WL 71726, 40 Fla. Law Weekly D166 (Fla. 4th DCA Jan. 7, 2015), recently held that photographs posted on a plaintiff’s social media sites are discoverable if...more

Facebook Photos Are Fair Game in Injury Cases

Today it’s reported that 58% of American adults use Facebook, 17.5% use Instagram, and 50% use tumblr. Social media websites sometimes offer users the option of disclosing postings, including photographs, to different sets of...more

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

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