infringement

Local Alaska photographer Mark Osborne found a nasty surprise waiting for him in the mail a few days ago. Among the bills and junk mail was sitting a political attack ad aimed at a friend of his running for the State of Alaska House of Representatives, and illustrating the ad was an screen grab from a video taken by Mark himself.

Osborne was, understandably, a little annoyed. And so he shot the response above to explain the situation, express his displeasure, and laugh at the situation a bit while he was at it.

Understanding your legal rights as a photographer can often be confusing and overwhelming. From copyright infringement to fair use to DMCA, there are a number of legal concepts that every photographer should be familiar with. Here are eight important legal cases that are illustrative of these concepts and the importance of registering your copyright.

What would you do if you found your photograph misused, not by a celebrity or a company, but by the head of government of a country? That's the question facing Cambridge, Massachusetts-based photographer Bimal Nepal.

Nepal, a photojournalist whose work has appeared in National Geographic, recently found his photograph shared without permission by the prime minister of India.

Update: The company has responded to our request for comment and fixed the issue. See full update at the bottom.

Dick Smith is a leading tech retailer in both New Zealand and Australia, but as an anonymous reader showed us this morning, they might have goofed up in a big way in a recent ad they posted on their Dick Smith NZ Facebook page.

As you can see from the screenshot above, they seem to have 'appropriated' an iStock image as the background... without even taking the time to remove the watermark.

While browsing through my image search results on PIXSY (a new service that finds and invoices image theft for you), I was surprised to see my picture for sale on Etsy (above). My immediate reaction:

What an ugly mousepad. I’d never print my photo like this.
The seller seems to be stealing thousands of photos. How could Etsy let this happen?
Who had the nerve to think they could do this?

So my picture was the party and I wasn’t invited. I decided to see what I could do to notify the seller and contact Etsy about the problem.

A recently-released product by Microsoft that allows content creators to embed digital images on their websites is being called a “massive infringement” of copyright images in a lawsuit filed by Getty Images against the computer giant.

Instagram is a popular platform for celebrities to share photos of their lavish lifestyles, but it's also a social network in which many photos are published without permission and without credit to the original creator. Both of those things happened recently with an image posted by Ludacris.

One would think that those in the photography and music industries would act as allies -- both industries, after all, are built upon the hard work or artists and storytellers who have spent years honing their craft.

However, all too often, they wind up butting heads as was the case with the Red Jumpsuit Apparatus story two days ago and, now, with this Facebook rant from a major band's tour manager.

Well this is awkward... We're all for people advocating for copyright law and making sure that people at least understand that it's bad to steal other people's intellectual property, but if you're going to do it, you might want to follow your own rules.

Case in point: Anti-piracy group The Business Software Alliance was called out this weekend for allegedly using a stolen photo in an anti-piracy ad that encouraged people to turn in unlicensed software users.

"Re-Photographer" Richard Prince is back in the spotlight again -- this time hopefully for the final time -- after a final settlement was reached in his five-year-long legal back-and-forth with photographer Patrick Cariou.

After four years in court, the district court of Tokyo has ordered Sigma to pay up for their infringement of Nikon's VR lens-stabilization technology to the tune of 1.5 billion yen -- or about 14.5 million USD.

New York Republican mayoral candidate Joe Lhota may be running as a law and order guy, but apparently the "law" part doesn't cover intellectual property.

Turns out nine of the images used in a recent Lhota campaign ad -- an ad meant to illustrate what a mess the Big Apple used to be -- were taken without permission from Flickr users, several of whom are not too happy about it.

Prestigious agency Magnum Photos says it is about to roll out a paid membership system in hopes of turning illegal downloaders into paying customers. The move comes a little more than a year after the agency did away with watermarks on its main site, reasoning that they did little to discourage determined downloaders.

Be careful when photographing sculptures for commercial purposes -- you could quickly find yourself on the losing end of a copyright infringement case and being forced to pay a lot of money.

This happened back in 2011, when photographer Mike Hipple was forced to pay up after shooting stock photos of a public art installation in Seattle. Now it has happened again: a court has ordered the United States Postal Service to pay a whopping $684,844 to sculptor Frank Gaylord for using a photograph of the Korean War Veterans Memorial on a stamp.

Earlier this month, Photoshelter did a live webinar with Carolyn E. Wright, AKA The Photo Attorney. Carolyn is a full-time attorney whose practice is aimed squarely at the legal needs of photographers. During the webinar talked extensively about copyright infringement, and what photographers need to know when they think their copyright has been infringed (you can watch a video recording here).

So you think you have a good reason or excuse to use a photo you found on the Internet without asking the photographer who took it? Let’s see if it can stand the test.

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.

The photographer who captured images of the Chicago Bears doing the "Super Bowl Shuffle" is suing the Chicago Tribune and Fox Sports for allegedly misappropriating the images.

BuzzFeed isn't the only blog that's routinely accused of using photographs without permission. American celebrity blogger Perez Hilton (above right) is being whacked with a $2.1 million lawsuit by New York Times photographer Robert Caplin (above left) for publishing 14 photographs without permission.

A photographer is suing the popular viral content aggregation website BuzzFeed for a whopping $3.9 million after he discovered that BuzzFeed had used one of his Flickr photos without permission in a comedy "roundup" article.

Major news website News.com.au made a pretty big mistake yesterday. At the top of an article titled "Bizarre: Man gropes woman's thigh, then photographs her", author Phil Hickey (or whomever was in charge) decided to use a photo of none other than DigitalRev TV's Kai Wong.

Samsung found itself in an embarrassing copyright infringement controversy earlier today after the company published a street photographer's work without permission as an advertisement on its Facebook page. It wasn't just the unauthorized use of the image that was embarrassing; here's the kicker: the photograph was actually shot using a Nikon camera.

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?

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.

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.

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.

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.'"

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.

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.

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.

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.

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.

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.

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."

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.