legal

Revisiting the Case of the Wedding Photographer Threatened with a $300,000 Lawsuit

A couple years ago, I read a story about a Washington wedding photographer that was threatened with a $300,000 lawsuit by an ex-client. The story then seemed to drop out of sight. Sometime thereafter, I decided to put on my investigative reporter mustache and do some sleuthing. Was the threat real? Did a lawsuit actually get filed? If so, what was the result?

Court Rules Against Photog Who Patented the Online Distribution of Sports Photos

Back in August 2014, we reported on the legal battle between photographer Peter Wolf and a company called Capstone. Wolf had received three patents on a method of distributing sports photos online. The problem was, the patents described common workflows that countless photographers use around the world.

The latest development today will have those photographers resting a bit easier: the courts have ruled that the patents are invalid because they aren't inventive enough and because they simply describe convention steps that many people use.

8 Legal Cases Every Photographer Should Know

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.

Is Etsy the New Silk Road for Copyright Infringement?

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.

Legal Battle Threatens to Pull Vivian Maier’s Work from the Public Eye for Years

It's not unreasonable to expect that almost every person reading this has seen 'nanny photographer' Vivian Maier's work. Whether in galleries, online or in the much-talked-about documentary 'Finding Vivian Maier,' her photos have now made their way around the world many times over and she has been named one of the greats of 20th century photography.

But if you hold a deep appreciation for Maier's work, we suggest you get your fill while you can, because a legal battle is threatening (and, in fact, succeeding) to pull Maier's work from the public eye... potentially for years.

This Interactive Map Shows Where You Can’t Fly Drones for Aerial Photography

Just got your hands on a drone and can't wait to use it to shoot aerial photographs? First, make sure you only use it where it can legally fly. If you're not sure where to look for this info, there's a new website designed just for you.

It's called Don't Fly Drones Here (DFDH), and is an interactive map that shows off limit areas of the US by shading them in with red.

Wedding Photographers Supposedly Using Fine Print to Sue Clients Over Bad Reviews

In the age of the Internet, with sites like Yelp often being the first stop for anybody looking for a service (say, photography) they've never used before, it's no surprise that pros are trying to keep their star ratings as high as possible.

What is surprising is the news that some photographers are keeping their reviews positive by threatening to sue anybody who writes something negative.

Getty & AFP Appeal $1.2 Million Copyright Infringement Verdict

Getty Images and Agence France Presse are avid protectors of their own copyright privileges. But when the chaussure is on the other foot?

Haitian photographer Daniel Morel continues to find out that it's a whole different ball game, as the agencies try to evade the $1.22 million penalty levied against them for stealing eight of Morel's images of the aftermath of his country's devastating 2010 earthquake.

Kodak Wins $76 Million in Patent Dispute with Ricoh/Pentax

You might not thing there was much economic clout left in the Kodak brand, but apparently it still carries some weight in the courtroom.

The one-time photography monolith recently won a $76 million judgement from Japanese electronics conglomerate Ricoh to settle a dispute over patent licenses and royalties.

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.