Posts Tagged ‘infringement’

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…

PictureDefense Blog Gives Step-by-Step Instructions on Dealing With Photo Theft

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. Read more…

Judge Rules News Agencies Cannot Use Twitter Photos Without Permission

twitternewspaper

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.
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Photogs Find Paintings That Look Just Like Their Photos Hanging in a Gallery

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?

That’s exactly what happened to artist Jason Levesque this last weekend. While walking around Art Basel in Miami Beach, Levesque noticed that three of the pieces presented by the Robert Fontaine Gallery looked a bit more than familiar.
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Pursuing Copyright Infringement is Now Cheaper and Easier for UK Photogs

Photographers based in the UK now have an easier and cheaper legal path to take if they discover someone infringing upon their copyrights. Chris Cheesman of Amateur Photographer writes that photographers can now receive do-it-yourself justice without having to hire a lawyer:

Intellectual property disputes can now be resolved using the ‘small claims track’ in the Patents County Court (PCC), following a Government announcement of a ‘simpler and easier’ system last month. Photographers can pursue damages for breach of copyright, for up to £5,000, without even appointing a solicitor, unlike before where they may have been put off by a potentially long, and expensive, legal fight.

Furthermore, the damages limit may rise to £10,000 under Ministry of Justice proposals, possibly as early as next year. Crucially, under the new system, photographers can avoid the prospect of a lengthy court battle and the fear of having to pay the legal fees of the successful party if they lose.

Apparently the US Government is currently looking into doing something similar.

Photo Copyright Boost Set to Open Online ‘Floodgates’ [Amateur Photographer via Photo.net]

Image credit: Photo illustration based on 365:11:9 Gavel by easylocum

Photog Claims Major Designer Used Her Photo on Clothing Without Permission

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.
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Patent Troll Captures Olympus, Still Going After Canon and Nikon

Intellectual Ventures has announced a settlement with Olympus over a patent infringement battle launched against the camera maker back in September 2011. The patent-holding company, one of the top 5 owners of patents in the United States, is infamous for its “patent trolling”, or making money simply by licensing patents from companies and then suing other companies for infringement.
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How My Personal Photo Turned Into an Internet Meme

In 2008, I had this kooky idea to take my then 4-year-old son out to an abandoned road and throw him into the air, since it seemed most fathers like to do this with their kids. There was this long, abandoned road near my house, so we set up there. After getting my Nikon D200, self-timer, and tripod ready, my son decided that he didn’t want to be thrown into the air, so I just held him up instead. I then took another photo of myself looking up with my arms extended.
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BuzzFeed Sued for $1.3M After Publishing 9 Celebrity Photos Without Permission

Copyright infringement of photographs is anything but uncommon in this Internet age, as countless images are published all across the web every day without the owners’ consent. The problem is so widespread that virtually everyone gets away with it. The ones that don’t, however, are occasionally in for a good deal of pain.

Case in point: the viral-content aggregation site BuzzFeed is currently being sued for $1.3 million by a photo agency after publishing nine — that’s right, nine — of the agency’s photographs of celebrities.
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Facebook Shuttering Massive Pages for Violating Photo Copyrights

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.
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