Finding a website using your photographs without your authorization can be a distressing situation. Luckily, the Digital Millennium Copyright Act (DMCA) of 1998 helps to protect individuals who have had their intellectual properties stolen on the web. This article is a guide to detecting and enforcing copyright by filing DMCA takedown notices with hosting providers that harbor copyright infringement.
Freelance photographer Robert Caplin filed a copyright infringement and DMCA violation complaint on June 26, 2013 against Mario Armando Lavandeira, Jr., aka Perez Hilton. Hilton is best described as an Internet gossip blogger, who has been known to appropriate copyrighted images and then “transform” them by drawing captions, tears, or other scribbles, and thereby claiming “fair use.”
His well-trafficked entertainment blog sells advertising to support itself. Caplin is a regular contributor to the New York Times, Wall Street Journal, Los Angeles Times. He also runs The Photo Brigade, is a prolific Instagrammer, and is an all around great guy. And I don’t like to see Perez Hilton stick it to great guys.
Canipre -- short for Canadian Intellectual Property Rights Enforcement -- is a Canadian anti-piracy company that has joined hand-in-hand with film studios and record companies to track down those who steal and share stolen content over the internet. On the surface there's nothing wrong with this, what is wrong is when an intellectual property advocate is found using photos without permission, which is exactly what happened to Canipre a couple of days ago.
A "copyright land-grab" that will "permit the commercial exploitation of [orphan] images" and lead to a "firestorm" of litigation. Those are the terms being used by some to describe a UK bill that just received Royal Assent last week, despite drawing fire from writers and photographers the world over.
While browsing the internet recently, SportsShooter user Greg Bartram stumbled on an eBay store that was selling prints of several of his images. Upon taking a closer look, he realized that it wasn't just him, ukgobigblueuk is selling 8x10s of just about any sports, celebrity or political photo he can get his hands on -- and according to his description, he can "more than likely" get his hands on any photo you want.
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.
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.
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.
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.
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.
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.
The most recent copyright dispute to hit our radar is one between Canada-based Barbara Ann Studios and an Ottawa radio station called HOT 89.9. Each spring, the radio station runs a contest in which they get a couple married in 24-hours.
Ann isn't a big fan of the contest, and so when she saw her image was being used to illustrate the station's marketing kit, she began a dialogue with the company to get the image taken down and receive compensation for what amounted to commercial use of her image. That's when things got ugly.
In a copyright dispute with So Delicious this past week, photographer Theron Humphrey chose to follow in Brandon Stanton's footsteps and give the infringers a positive way out of the situation. Instead of getting the long arm of the law involved, Humphrey suggested that the offending company instead donate the money he was owed to charity.
NYC-based street photographer Brandon Stanton's work has attracted quite a few eyes since he launched his Humans of New York photo project in 2010. Among those eyes were marketing folk at the clothing company DKNY.
Stanton and DKNY had a copyright infringement scuffle yesterday that resulted in DKNY donating $25,000 to the YMCA.
Grammy Award-winning Jazz singer Esperanza Spalding is currently in the midst of a legal battle with photographer Kevin Ryan over the cover art on her 2012 album Radio Music Society (pictured above). The cover shows Spalding sitting atop a vintage boombox that is actually a sculpture made of pictures attached to a wooden box.
Spalding and her people chose to use the piece on the cover after discovering it at Brooklyn’s Galapagos Art Space. The issue is that they neglected to credit or license Ryan, who was the photographer behind the photos on the box.
Today is Data Privacy Day, and all of the major social websites have come out to play. Facebook is launching an "Ask Our Chief Privacy Officer" form, Google explained its approach to government requests for information in a blog post, and Twitter launched an entire website dedicated to transparency in all things data privacy related.
Copyright law is in place to protect artistic expression, not individual ideas. That was the crux of the reasoning behind a recent federal appeals court ruling that saw no infringement on the part of Sony. In the court's opinion, Sony's photo (right) was not nearly similar enough to Donald Harney's (left) and "no reasonable jury could find 'substantial similarity' between Sony's recreated photo and Harney's original."
The issue of publishing social media photos of breaking news without their owners' permission is in the news again. After a helicopter crashed in central London last Wednesday, the London Evening Standard found a photo snapped by a witness named Craig Jenner and shared on Twitter. Unable to obtain permission from Jenner prior to its paper going to the press, the Evening Standard went ahead and published the image on its front page.
Getting your photography removed from an offending website or Facebook page can be a hassle, and if you've never done it before, learning the proper process for any given situation can be a downright pain. Fortunately, there are awesome people out there who don't mind helping out their fellow photogs.
That's where James Beltz from PhotoTips and his new blog PictureDefense come in. What he's done is set up a free website where you can go and get step-by-step instructions on how to get your copyrighted photos removed from almost any type of website.
In one of the first major tests of intellectual property law involving social media services, a judge has ruled that news agencies cannot freely publish photographs posted to Twitter without the photographer's permission.
The last few days have been rough on BuzzFeed, as a Reddit outcry has gained more and more traction regarding some light painting photos the website used to create ads without seeking permission or giving credit.
Photojournalist John D. McHugh was sick of having his photos stolen and infringed upon the moment he posted them online. And even though he can, of course, put watermarks on his photos in Photoshop, he found himself wondering if maybe he couldn't come up with a better way. Enter Marksta, an app that allows you to watermark photos right on your iPhone before posting them to Facebook, Instagram, and other places where they may be easily stolen.
Getting your work copied, ripped off and/or stolen is a sad reality in the digital age. In fact, earlier this year we shared a website dedicated to ousting copycats and were shocked at how much copyright infringement was really out there. But where finding your work on another "photographer's" website would be startling enough, how would you feel if you found it while browsing a major art show?
Photographers based in the UK now have an easier and cheaper legal path to take if they discover someone …
Photographer Jessica Nichols' most popular photograph on her Flickr account (above left) is titled "Loads of Ranunculus" and has more than 10,000 views. Nichols got a nasty shock a year ago when she discovered that American fashion designer Chris Benz had apparently turned the photo into numerous clothing designs for his Spring 2012 line, without Nichols' knowing and/or permission. Since July of this year, Nichols has been fighting against the infringement in an attempt to get the designer to pay up.
Apple is constantly engaged in its fair share of courtroom battles, but its latest one hits a little closer to home for photographers. Swiss photographer Sabine Liewald has filed a lawsuit against Apple for using her "Eye Closeup" photograph to promote the 15-inch MacBook Pro's Retina Display.
Facebook takes the copyright infringement of photographs seriously. So seriously that it doesn't think twice about instantly -- and permanently -- nuking offending pages, regardless of how popular those pages are. Case in point: two months ago, popular trend hunting blog The Cool Hunter had its popular page abruptly deleted; the page boasted over 788,000 fans, contained five years' worth of content, and was a huge source of traffic for the company's website. Facebook has since stated that the removal was due to "multiple instances of copyright infringement."
Shepard Fairey has spent the past few years fighting a messy legal battle with photographer Mannie Garcia …
Young artist Scott Blake's article about his altercation with photographer and painter Chuck Close starts with a simple question: "When one of the world’s richest living artists orders you to stop making art, you do it. Or do you?" It's been two years since Close, who is referred to in the article as "the wealthy bully," put a stop to Blake's Chuck Close Photoshop plug-in by threatening a lawsuit, and Blake still hasn't managed to put what he sees as the injustice of the whole situation behind him. Hence, his article.
It's a shame that the digital age brought with it such widespread copyright infringement and, sometimes, downright theft, but it's a reality we have to live with. Fortunately, there's a new website up on Tumblr that is looking to help expose the people who are taking credit for other's work, and in the process help to cut down on some of the blatant infringement many photographers deal with week in and week out.
It's difficult to ignore the fact that photographers are finding it harder to get paid for their work now more than ever, but a recent altercation between concert photographer Dan DeSlover and the band Alter Bridge took on a different dynamic -- criticizing a photographer for asking to get paid.
How do you go about demanding payment from a local newspaper if you discover that they’ve infringed upon your …
Back in 2006, a pornography publishing company named Perfect 10 attempted to sue Google over copyright infringement, claiming that the thumbnails displayed on Google's image search did not fall under "fair use." Ultimately, the Supreme Court wouldn't even hear the case, allowing the ruling that thumbnails are fair use to stand and handing Perfect 10 yet another loss (they've sustained many in this area).
In case you missed our earlier post, let's get you up to speed: in the internet age, the argument is that you don't own anything anymore. This is relevant because yet another copyright infringement lawsuit has made its way across our computer screens, this time between a student photographer and the Colorado University newspaper The CU Independent that printed and distributed his now famous falling bear image.
Copyright laws get pretty specific. A photographer can not only give a green light on a work, he or she can license a work for use only during specific years, or in a specific area, or for a specific publication medium (i.e. print vs electronic); and now it looks like massive publisher Pearson Education is in trouble for breaking these sort of terms one too many times.
I’ve got a little story for you today, and a valuable lesson for photographers everywhere. On the Monday before last, a post that I wrote the week before started to go viral. I was receiving more traffic than I had ever experienced before, and from sites that I had never heard of. Fantastic. Only, along with the good news, we have some bad news.
Photo-sharing site Pinterest, the new darling of social media, has a copyright infringement …
One of the new darlings of the Internet world is Pinterest, a photo-sharing …
After discovering his photograph used without permission on The Telegraph’s website, photographer Jonathan …
If you’re a photographer in the UK, you might want to think twice about shooting and selling a photograph …