legal

NYC Mayoral Candidate in Hot Water After Campaign Ad Used Swiped Flickr Shots

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.

Newspaper Editor Says Posting a Photo to Facebook Makes it Public Domain

Normally, we wouldn't give much attention to the thoughts of an editor/publisher for a small community newspaper. But the response to photographer Kristen Pierson's notice of copyright infringement and invoice for payment is such a classic compendium of bad thinking on intellectual property that it would be a disservice not to share it ... just so you know what you're up against.

Magnum Photos Trying Paid Fan Club to Court Copyright Infringers

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.

Sculptor Awarded $685,000 After Photo of Korean War Memorial Used on Stamp

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.

Reno Newspaper Photographer Cleared of Charges After Covering Fire

Prosecutors in Reno, Nevada, have dropped charges against a newspaper photographer arrested and injured while trying to cover a house fire last year.

Tim Dunn, photo director at the Reno Gazette-Journal was taking photos and video at a four-alarm fire on June 18. 2012, when Washoe Count Sheriff's deputies told him to clear out. Dunn says the deputies then shoved him to ground and pushed his face into the gravel. He later showed facial injuries he said were caused by the rough treatment.

Controversy Erupts After Photographs of Cosplayers Show Up on Pillows

You've had a rough day, you're bone tired and ready for bed. What would feel better than cuddling up with an image of some anonymous dude in a Superman outfit?

Yeah, I can think of a couple million things, too. But apparently there's a market for body pillows emblazoned with images of comics fans dressing as their favorite characters. The legal and ethical framework for selling them, however, is a different matter.

Rodeo Bans “Professional” SLR Cameras — A Swipe at Animal-Rights Crowd?

We're getting more and more accustomed to authorities telling us if and how we can photograph something, so the camera ban enacted for the recent Reno Rodeo isn't all that surprising.

What's different with this one is the intended target of the ban, which animal-rights activists claim is intended to prevent them from exposing abuses.

Animated Documentary Explains The UK Terrorism Act and How it Affects Photogs

In response to September 11th and London Bombings, the UK drafted a series of Terrorism Acts, giving their officers certain rights they thought would help fight terrorism. This included a section (58a) added in 2008 that made it illegal to photograph or film a police officer if the footage was likely to be useful to a terrorist. The police's interpretation of that section has since changed, but not before that "if" caused some newsworthy controversy.

This short animated documentary covers that controversy from the point of view of one of the act's victims, Gemma Atkinson, who was assaulted by police in 2009 because she was filming them searching her boyfriend. It tells the story of the subsequent legal battle she went through trying to get the act changed and hold the police officers who were unnecessarily rough with her accountable.

Judge Dismisses Lawsuit Against Photog, OKs Reprinting of “Limited Edition” Pics

If you sell a number of prints of a photograph as a "limited edition," should you be allowed to later reprint that photo in a different size, format, or medium and then sell the new pieces as a new edition? Apparently the US legal system believes the answer is "yes."

A judge has dismissed the lawsuit filed against photographer William Eggleston by art collector Jonathan Sobel, who claimed that Eggleston's decision to sell new prints of old photos hurt the value of the original "limited edition" prints.

Crash Video Controversy Puts NASCAR Copyright Grab in Spotlight

A serious car crash at the NASCAR Nationwide Series Drive4COPD 300 this past Saturday caused debris to go flying into the stands, sending a number of spectators to the hospital -- some with very serious injuries. A fan named Tyler Andersen was in the area where the accident happened, and had his camera recording video as the whole thing unfolded. After the incident made national headlines, Anderson posted the 1m16s video above to YouTube (warning: it doesn't show any injuries, but it's a bit disturbing).

NASCAR wasn't too pleased with the video, and sent YouTube a DMCA takedown request, claiming that it was a case of copyright infringement. YouTube complied and took down the video, sparking cries of "censorship."

The Legality and Ethics of Pointing a Lens Into a Private Residence for Art

Award-winning photographer Michael Wolf is raising some eyebrows with a new photo project titled "Window Watching." The series features photographs of high-rise apartment windows in Hong Kong, offering glimpses into the lives of people living inside the private residences. Basically, Wolf pointed a telephoto lens at open windows to photograph people going about their day-to-day-lives, without their knowledge and consent.

Instagram Trying to Have Policy Change Class Action Lawsuit Thrown Out

In December 2012, Instagram took steps toward profitability by adding some controversial monetization-related sections to its Terms of Service. The resulting outcry led to key sections being restored to original 2010 versions, but that didn't stop a certain user named Lucy Funes from launching a class action lawsuit against the photo sharing service.

The latest news in the saga is that Instagram is now asking that the lawsuit be thrown out.

Teen Arrested for Bullying Others Using Hurtful Instagram Photos

A 15-year-old boy in Colorado has been arrested for cyber-bulling using Instagram. He is being charged with five counts of third-degree harassment for allegedly downloading photographs of his classmates from Facebook and then uploading them to an anonymous Instagram account with hurtful captions attached.

A Collection of Free Sample Legal Forms for Photographers

If you're looking to make money from your photography, it's important to have the correct legal forms signed by the correct people, whether it's releases by models that pose for you or contracts with gallery owners who will sell your work. To get you started in figuring out what your contract needs to say, legal contract service Docracy offers samples of some of the most common and important legal forms that photographers use.

Canadian Photogs Now Officially Own the Copyright to All of Their Photos

A big win for photographers in Canada: as of today, you now officially own the copyright to all your photographs regardless of whether they were commissioned. The development comes as a result of Canada major copyright reform bill (Bill C-11) taking effect this morning. One of the stated goals of the new copyright law is to, "give photographers the same rights as other creators."

Snapping Pictures While You Vote Could Get You In Trouble with the Law

As you make your way to polling places today to cast your votes, you might want to look into your state's laws before pulling out your camera and snapping photographs inside your voting booth. Certain states have pretty strict laws with regard to snapping and sharing photographs of ballots. Earlier this year, Wisconsin election officials specifically warned voters that sharing photos of ballots on Facebook or Twitter is a Class I felony, punishable by up to 18 months in prison and a $10K fine.

Why Photogs in Certain States Can’t Enter Nat Geo’s Photo Contest

Yesterday we reported that Nikon Photo Contest is no longer accepting film photos starting this year. Turns out it's not the only prestigious photo contest with rules that are causing some discussion. Check out what National Geographic Photo Contest 2012 says under the rules section "Who May Enter":

Contest is open only to individuals who have reached the age of majority in their jurisdiction of residence at the time of entry and who do NOT reside in Cuba, Iran, New Jersey, North Korea, the Province of Quebec, Sudan, Syria or Vermont. Employees of National Geographic Society, and its subsidiaries and affiliates [...] CONTEST IS VOID IN CUBA, IRAN, NEW JERSEY, NORTH KOREA, THE PROVINCE OF QUEBEC, SUDAN, SYRIA, VERMONT AND WHERE PROHIBITED.

Iran and North Korea? Those are understandable... but New Jersey and Vermont? Turns out there's a pretty simple answer for those states as well: state laws.

Polaroid Once Won an Epic Courtroom Battle with Kodak

Here's an interesting piece of photo trivia for today: did you know that Apple's similarities with Kodak don't end with Steve Jobs modeling his career and his company after Polaroid? The ongoing dispute between Apple and Samsung is strikingly similar to the battle Polaroid had with Kodak many decades ago.