Posts Tagged ‘infringement’

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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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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Photog Gets Into Nasty Tussle With Radio Station Over Copyright Infringement

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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. Read more…

Photogs Offer Infringers a Charitable Way Out, Save on Court Costs in the Process

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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. Read more…

Photographer Gets DKNY To Pay $25K to the YMCA After Copyright Infringement

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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.
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Photographer Sues Fan Site for $600,000 Over Four Member-Uploaded Photos

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Les Irvin, the man behind the biggest Joni Mitchell fan site on the internet, is being sued by celebrity photographer Charlyn Zlotnik over four photos that were uploaded anonymously in the comments section of his website. Read more…

Jazz Singer Esperanza Spalding Sued by Photographer Over Album Cover Art

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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. Read more…

Beware the Internet When It Comes to Your Personal Photos

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In December of 2008, as I was getting ready for a vacation trip to Brussels, I posted the above self-portrait of myself sporting my new winter coat to my Flickr account. I didn’t think much of it after posting it and I’d pretty much forgotten about it over the years.

Today, as I was reading some discussions about people having their photos used to create fake online identities I decided to use Google Image Search to see if any of my self portraits could be found anywhere on the vast Internet.
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David Bowie and Morrissey Butt Heads Over Cover Art Photo Usage

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When we run into issues regarding photo usage, the photographer is typically involved in one way or another. A company may be trying to use their work without paying, or they might find derivative works of their photography in an art show.

But in this case, neither of the two people involved actually took the photo in question, they were in it. David Bowie is leaning on EMI UK to change the cover art on the re-release of Morrissey’s 1989 single The Last of the Famous International Playboys, because it features a previously un-seen candid photo of the two musicians hanging out in New York. Read more…

Federal Court Rules No Infringement in Case of Two Very Similar Photographs

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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.” Read more…