News & Analysis as of

Photographs

Shrinking Damages with Smart Data

by Wilson Elser on

Recently, an elderly couple – who were both plaintiffs, one for personal injuries and the other for loss of consortium – gave testimony about their active lifestyle (outdoors and in the bedroom) before a slip-and-fall...more

Forget Prince; Minnesota Opens Courts to Hulk Hogans of the World with Revenge Porn Civil Action

by Winthrop & Weinstine, P.A. on

Recently, I attended the University of Minnesota’s celebration of “40 Years of Gopher Justice,” an event honoring the institution’s University Student Legal Service (“USLS”), a non-profit organization that provides UMN...more

Ballot “Selfies” in New Jersey: Can You Instagram Your Vote?

by Blank Rome LLP on

Each November, Instagram, Facebook, and Twitter are full of celebrities and friends posting pictures of their ballots at their local polling places. In this age of social media, many users share “selfies” of themselves...more

When 2017 Becomes 1984: Facial Recognition Technologies - Face a Growing Legal Landscape

by Patrick Law Group, LLC on

Recently, Stanford University professor and researcher Michal Kosinski caused a stir of epic proportions and conjured up visions of George Orwell’s 1984 in the artificial intelligence (AI) community. Kosinski posited that...more

German Federal Court Rules On Google’s Image Search – Thumbnails III

by Hogan Lovells on

On 21 September 2017, the Federal Court of Justice (Bundesgerichtshof – BGH) handed down a judgment of utmost importance for the exploitation of copyright on the Internet. It will become known and referred to under the name...more

Monkey See, Monkey Do… Monkey Own? The Curious Case of Naruto v. Slater

by Hogan Lovells on

When wildlife photographer David Slater set up his camera in the rainforests of Indonesia, he hardly expected to ignite a copyright battle with a monkey. Nonetheless, the legal dispute between Slater and Naruto, a crested...more

Ninth Circuit: Non-Exclusive Licensing Agent Has No Standing to Sue for Copyright Infringement

by Snell & Wilmer on

In DRK Photo v. McGraw-Hill Global Education Holdings, LLC, the Ninth Circuit held that an Arizona stock photo agency could not sue McGraw-Hill under the Copyright Act for using images in textbooks without permission. The...more

Out-of-CTRL C

CTRL C and CTRL V (copy/paste) are widely used keyboard commands to add interesting content to emails, newsletters and slide decks. Everyone does it, so it must be okay, right? Not quite....more

Rich Man/Poor Man? The Berkshire Museum and Why Deaccessioning is so Frustrating

by Sullivan & Worcester on

Two wonderful museums recently announced plans to sell major works of art. In one case, some 40 paintings, American masterpieces among them, will be sold at auction. In another, more than 400 photographs will also be sold....more

Is 2 seconds of television time too much to be a fair use?

by Thompson Coburn LLP on

In a recent episode of "48 Hours," CBS displayed – for two seconds – a copyrighted photograph taken by Steven Hirsch. He sued for copyright infringement. A federal court in Manhattan denied CBS’s motion to dismiss, finding...more

URGENT: Eclipse-related PR opportunity!

by Ross Fishman on

I recently wrote about how to get a feature story about your firm by connecting it to the Comey Hearings. Monday’s solar eclipse offers an even better opportunity to create a photo op that is practically guaranteed to...more

Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

by Buchalter on

Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s...more

Update: Court finds transformative nature of alleged infringing work can’t be decided by side-by-side comparison

by Thompson Coburn LLP on

Adding an Instagram border and a few “gobbledygook” notations to an original photograph is not transformative as a matter of law. In an update to our post on a case filed last year, a federal court in New York recently denied...more

Who Owns The Copyright In The Photograph That Launched A Thousand Pleadings?

Over a decade ago, a lawyer snapped a photograph of the Indianapolis skyline, thus opening the gates to perhaps the most prolific flood of copyright litigation in the history of Indiana. Over the last five years or so, this...more

Sultry Lady Liberty leads Postal Service astray

by Thompson Coburn LLP on

Beware sultry-looking ladies. That’s one of the lessons from the recent court decision sending a copyright case against the United States Postal Service to trial, but there are more. The decision can serve as a teaching...more

Media Law Bulletin: “All I’ve Got Is a Photograph” — Copyright Law’s Preemption of Right of Publicity Claims

by Sedgwick LLP on

The names and likenesses of celebrities, athletes and other public figures can be extremely valuable, as evidenced by the premium prices paid by many companies for celebrity endorsements and celebrity-branded goods. Think...more

Keeping Up With The Kopyrights

by Dorsey & Whitney LLP on

Kendall and Kylie Jenner are beefing with the late Tupac Shakur. The Jenners are not singers or rappers (yet), but they do have a fashion line, the “Kendall + Kylie” brand. The famous sisters’ company used images of the late...more

Diddy’s @Infringement Instagram Post

by Weintraub Tobin on

In today’s age of rapid fire social media, posting to feed the ever growing hunger of a digitally connected audience has become second nature to celebrities and other influencers. In fact, the larger the number of followers,...more

Does This Selfie Make Me Look Like a Copyright Infringer?

by Lewitt Hackman on

The Ninth Circuit Court of Appeals will consider a copyright infringement suit brought by a primate – specifically, Naruto, an Indonesian crested macaque that supposedly made fantastic use of his opposable thumbs and took a...more

Key Considerations in Addressing Privacy Concerns During Drone Operations

by Williams Mullen on

Imagine that one of your employees uses his or her iPhone to take some pictures of work being done at a construction site. The employee captures several images that include teenagers sunbathing by a pool on the adjacent...more

Can’t Say “I Ain’t Mad At Cha” for Copying Me

by Knobbe Martens on

On June 1, 2017, noted music and fashion photographer Danny Clinch filed suit in the Southern District of New York in connection with the use of two photographs of famed rapper Tupac Shukar (“Tupac”) on t-shirts. The...more

Court holds that displaying photos requires more than making them available

by Thompson Coburn LLP on

While a donut with no hole may be a Danish, a photograph is not publicly displayed if the public never sees it. And in photography copyright cases, these near metaphysical questions matter....more

Absent Commercial Use, Copyright Law Likely Preempts Right of Publicity Claims

by McDermott Will & Emery on

In a right of publicity case, the US Court of Appeals for the Ninth Circuit upheld a district court decision granting a motion to strike under California’s anti-SLAPP statute on the basis of copyright preemption. Maloney v....more

Time to Zoom In on Application of DMCA Safe Harbor Defense

by McDermott Will & Emery on

In reversing a district court grant of summary judgment in favor of a social media platform, the US Court of Appeals for the Ninth Circuit ordered a deeper look at the degree to which the common law of agency affects a safe...more

Top 7 mistakes that can hurt a car accident lawsuit

by Michigan Auto Law on

Sadly, insurance company adjusters and defense lawyers are constantly searching for — and ready to pounce on — certain common mistakes that many unsuspecting and well-intentioned car crash victims make....more

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