Posts Tagged ‘copyright’

Appeals Court Overturns Previous Ruling, Rules Fair Use in Richard Prince Case

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There’s a fine line between fair use, copyright infringement, and downright theft. And while some might argue where exactly that line stands, “rephotographer” and appropriation artist Richard Prince just got a Federal Appeals Court to take his side in what may turn out to be a landmark ruling regarding fair use. Read more…

Like Farmers Profiting By Hosting Stolen Photos on Facebook

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I’d love to say I coined the term “Like farm”, but it’s entirely possible I read it somewhere before, as a brief search on that term turned up other articles on the growing phenomenon of content farms on Facebook. For a while now, I’ve been watching my own news feed fill up with unattributed photos and artwork. And I think we’ve all seen the equally unattributed and ubiquitous quote art (either graphic design or simply pasted over photos). Although the amount of this content seems to rise and fall, it has seemed like it is growing of late. Or perhaps I’ve just become more sensitive to it?
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Copyright Infringement and the Culture of Suing Artists Into Submission

Andy Baio has some experience with copyright infringement, especially where iconic photographs are concerned. In case you didn’t read our previous coverage on the matter, his story goes something like this: in 2009, he put together an 8-bit version of Miles Davis’ album “Kind of Blue” called “Kind of Bloop,” and for the cover art he had a friend create a pixel-art version of Jay Maisel‘s famous cover photo.

Maisel wound up suing Baio for over $100,000 for the infringement, and despite an offer for free representation, potential court costs still forced Baio to settle out of court for $32,500. Baio wound up writing a long blog post about the matter, and now, a couple of years later, he’s expanded on that post in the above talk he gave at Creative Mornings in Portland. Read more…

Photog Countersued by Football Player in ‘Trophy Pose’ Infringement Case

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In 1991, photographer Brian Masck took one of the most iconic photographs in all of sports. Known forevermore as the “Trophy Pose,” it captured then Michigan Wolverine Desmond Howard striking a Heisman pose IRL. Since it was taken, the photo has been used by everyone from EA to Nissan to Sports Illustrated, and several of them are now being sued by Masck for using the photo without his permission — including Desmond Howard himself. Read more…

Man Caught Trying to Sell Book of Boston Bombing Press Photographs on Amazon

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The Boston Marathon bombing was a horrific event that took three lives and left more than 170 people injured; the idea that somebody would try to profit from that is unthinkable. And yet, someone already has.

Only one day after the bombings, a man by the name of Steve Goldstein used numerous photos from The AP, Getty Images and The New York Times without permission in order to create and sell an eBook titled “The Boston Bombings First Photos” on Amazon. Read more…

NPPA Joins Fifteen Others in Copyright Suit Against Google Books

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The National Press Photographers Association has decided to throw their hat in the ring with 15 other organizations that are all suing Google over what they see as “widespread, well-publicized, and uncompensated infringement of exclusive rights” perpetrated by the search giant’s Google Books program. Read more…

MIOPS: Smartphone Controllable High Speed Camera Trigger

MIOPS is a new smartphone-controlled camera trigger that combines all of the features photographers want in a high-speed camera trigger into one convenient device.

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Photog Accuses PDN of Using a ‘Second-Rate’ Imitation on Their March Cover

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In PDN’s March issue, the magazine highlighted Cade Martin’s impressive ad work that he had done recently for Tazo Tea and Starbucks. As the main feature, it’s only natural that one of those images ended up on the cover of the issue (pictured above). Not everyone, however, was as thrilled by Martin’s work as PDN.

Photographer Rodney Smith has covertly spoken out about the cover on his blog. In a post titled “The Real Thing,” he calls the image an imitation, and wonders why PDN would choose to applaud work that is, as he puts it, “by it’s [sic] very nature ‘second-rate.’” Read more…

Copyright Controversy After Appropriated Photo Used to Win Art Contest

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In the two photographs above, the bottom image is a photo-manipulation created using the top image. Are they completely separate works of art? What if we told you the second photo was created without the original photographer’s permission and submitted to a contest as an original artwork? What if we told you it actually won?

That all actually happened last year, and the images are at the center of a copyright skirmish.
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New Service Turns Facebook Photos Into Products Without Your Friend’s Consent

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Want to turn your friend’s Facebook photograph into a mug to sip your morning coffee from? A new service called Photos At My Door can help you do that. It’s an app that can access any of your Facebook friends’ public photographs and turn them into products ranging from photo prints and canvases to mugs and mouse pads.

If the thought of having your photos sold as commercial products without your permission makes you uncomfortable, you’re not alone: the app is attracting criticism for it’s apparently flippant views on photo copyrights.
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Photographer Behind Iconic Football Pic Sues Player for Copyright Infringement

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This famous photograph of legendary football wide receiver Desmond Howard is currently in the midst of a nasty legal battle. The photographer behind the image, Brian Masck, is suing Howard and a host of companies, claiming that his photo has been used without his permission for years for all kinds of commercial products and purposes.
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