Posts Tagged ‘infringement’

Kodak Files New Lawsuits Against Apple and HTC Over Photo Patents

Kodak might be on its deathbed, but that’s not stopping the company from launching a new volley of lawsuits over patent infringements. Already trying to milk $1 billion from Apple, the company has filed new lawsuits against smartphone makers Apple and HTC, alleging that Apple violated four of its patents and HTC five. The lawsuits center around technology for transferring photos on and off devices. While today’s lawsuits might simply be a creative marketing effort in Kodak’s attempt to sell off its patent portfolio, the market seems pleased with it: the stock price jumped nearly 40% today.

(via Foss Patents via Engadget)


Image credit: Two Against One by Alistair Knock

This Photograph Is Not Free

So this was the first sunset I captured in 2012. It cost me $6,612 to take this photo.
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Wedding Photographers: Be Careful When Using Copyrighted Music

Wedding photographer Joe Simon learned about copyright the hard way recently after his video of Tony Romo’s wedding went viral on YouTube. He had used the song “Fix You” by Coldplay without permission, and was forced to take down the video and pay a settlement to avoid a costly lawsuit. David Walker of Photo District News has an illuminating article on the issue:

“It’s nearly impossible and I’ve never heard of a wedding photographer successfully being able to license a mainstream song for synchronized use,” [wedding photographer David Jay] says. “I’ve spent a long time trying to make it possible. Photographers want to pay a reasonable fee to use the music so when they can’t they’ll just do it anyway.”

The problem, Jay explains, is that you have to get a license from three or four different people, including the lyricist, the composer, and the recording artist and/or their record company. While rights licensing organizations such as ASCAP and BMI make it easy to license music for broadcast, they don’t offer synchronization licenses for “small” users like wedding photographers.

Wedding Photographers Face the (Copyrighted) Music [PDN]


Image credit: Music Note Bokeh by all that improbable blue

A Simple Bookmarklet for Finding Copyright Infringements of Your Photos

Src Img is an uber-simple bookmarklet created by Jarred Bishop and Hayden Hunter that lets you quickly do a Google Image search for any online photograph with just two clicks. It’s a simple link (i.e. bookmarklet) that you drag into the bookmarks bar of your browser. Whenever you want to search Google Images for a particular photograph, simply click the bookmarklet. It’ll overlay all the photos on the page with a “?¿” square. Click this to search for that photo. Voila!

Src Img (via dvafoto)

Singer Bob Dylan Accused of Plagiarizing Photographs

Singer Bob Dylan is being accused of plagiarism after several paintings in his recent art show were found to have “striking resemblances” to works by photographers such as Henri Cartier-Bresson, Dmitri Kessel and Léon Busy. An example is Dylan’s painting titled Opium (above left), which appears to be directly copied from Busy’s Vietnam (above right). A Flickr user also found that Dylan had copied six photographs — one of which an artificial Photoshop edit — from his Flickr stream.
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Photos, Copyrights, and the “Mechanical Representation of Facts”

The debate over David LaChapelle copyright infringement lawsuit against Rhianna rages on — lawyer John William Nelson has written an article on why copyright should extend only to the literal copying of a photograph and not the elements within the photo:

A photograph is a mechanical representation of facts. This is unlike a painting, which is a non-mechanical representation of something—be it facts, such as an attempt to paint an outdoor scene or create a portrait of someone, or imagination in the form of how the artist sees the world, such as the Vincent van Gogh’s Starry Night painting. Paintings, therefore, are pure expressions of ideas or facts. Photographs, however, are mechanical expressions of facts.

[…] extending copyright protection beyond the mechanical copying of a photograph (i.e., scanning it and sending it to all your friends) is extending copyrights in photographs too far. The expression of a photograph cannot be separated from its factual reproduction of actual events. Attempting to do so leads to absurd results.

Therefore, a bright-line rule should reserve copyright protection in photographs only for the reproduction of those photographs. Copyright protection should not extend to the elements within the photographs themselves—doing so results in copyrighting facts, which is beyond the scope of copyright law.

It’s a pretty length piece, but well worth a read. What’s your opinion on this issue? Should the elements within a photograph be covered by copyright protection?

Photography Copyright, Rihanna, And Why We Need a Bright-line Rule (via Techdirt)

Photos Must be the Product of Human Authorship to be Copyrightable

Here’s an update to the whole monkey copyright story that’s been swirling around the blogosphere as of late: TechDirt points out that works that aren’t the product of human authorship cannot support a copyright claim. Section 503.03 of Compendium II of Copyright Office Practices published by the US Copyright Office reads:

503.03 Works not capable of supporting a copyright claim.

Claims to copyright in the following works cannot be registered in the Copyright Office:

503.03(a) Works-not originated by a human author.

In order to be entitled to copyright registration, a work must be the product of human authorship. Works produced by mechanical processes or random selection without any contribution by a human author are not registrable. Thus, a linoleum floor covering featuring a multicolored pebble design which was produced by a mechanical process in unrepeatable, random patterns, is not registrable. Similarly, a work owing its form to the forces of nature and lacking human authorship is not registrable; thus, for example, a piece of driftwood even if polished and mounted is not registrable.

Is a photograph taken by a monkey the product of human authorship? On one hand, the monkey pressed the shutter, but you also can’t argue that a human author didn’t contribute, since they had to have provided the camera in the first place (unless the monkey stole it or something…). TechDirt believes the photos are in the public domain.

(via TechDirt via Boing Boing)


Image credit: Driftwood Eagle by Port of Tacoma

At What Point Does Inspiration Turn Into Copyright Infringement?

At what point does inspiration turn into plagiarism? That’s the question that popped up last year when Rhianna was sued by David LaChapelle over scenes found in one of her music videos, and it’s the same issue with a lawsuit recently filed by photographer Janine Gordon against photographer Ryan McGinley. Gordon claims that 150 of McGinley’s images — including some used for a Levi’s ad campaign — are “substantially based” on her photos. In the three pairs of disputed images shown above, the ones on the left are by Gordon and the ones on the right by McGinley.
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‘Dance Steps on Broadway’ Lawsuit Ends with Photographer Paying Settlement

The legal battle between photographer Mike Hipple and sculptor Jack Mackie over a photo of Mackie’s public art piece “Dance Steps on Broadway” has ended with Hipple paying a settlement out of court. Mackie writes,

Anyone can make photographs of any public art and do most anything they want with the photograph. Private photos are most likely not infringements. People can frame them and give them to their uncles and aunts as gifts, they can post them on their facebook pages, or they can make Valentines with them and give them away. What they can not do, and this was the basis for the lawsuit, is offer to commercially sell them, which Mr. Hipple did, at least twice.

[…] The legal issues surrounding this case have always been clear and obvious. Instead of acceding to the clarity of the law, Mr. Hipple attempted numerous defenses. Mr. Hipple pleaded that because my art work is popular I should no longer be allowed to hold copyright. Tell that to Walt Disney. Mr. Hipple pleaded that one can not copyright public art. Tell that to the US Registrar of Copyrights. Mr. Hipple claimed that my art work is “instructional” and that his photograph “depicts dancing.” Taking him up on this argument we produced an image of his photograph containing my Dance Steps juxtaposed to an image of his carefully posed shoe model on a blank sidewalk [shown above]. Does his image without the Steps “depict dancing?” You decide.

Our initial post on this case in early 2010 sparked quite a bit of debate in the comments, with plenty of people arguing both sides.

How Much Pixelation is Needed Before a Photo Becomes ‘Transformed’?

In 2009 Andy Baio of Waxy.org — founder of Upcoming.org and former CTO of Kickstarter — created Kind of Bloop, an 8-bit tribute album to the best-selling jazz album of all time, Kind of Blue by Miles Davis. While Baio meticulously licensed all the music he used to create the album, he released a pixelated version of the original album cover (top, second from left) without licensing it, believing it was different and low-res enough to be considered fair use. He was then sued by the photographer, Jay Maisel, who “felt violated to find his image of Miles Davis, one of his most well-known and highly-regarded images, had been pixellated […]”.
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