Law

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.

What Would You Do if the Prime Minister of India Stole Your Photo?

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.

Leading New Zealand Tech Retailer Uses iStock Image in Facebook Ad, Forgets to Remove Watermark

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.

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.

Photographer Sues Rod Stewart for $2.5M for Recreating Her Photo of the Back of His Head

We've heard of many lawsuits where an artist outright steals an image from a photographer -- that can get pretty ugly -- but what about an artist hiring another photographer to recreate an image that is pretty much identical to the one they wanted to use, but weren't allowed to?

That's the crux of a lawsuit between celebrity photographer Bonnie Schiffman and musician Rod Stewart, who, it seems, recreated an iconic photograph of Schiffman's after she refused to let the artist use it.

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.

Please Don’t Be the One to Get Drones Banned

Photography drones are facing a perilous atmosphere of distrust and legal chaos. In these circumstances, even small mistakes can have big consequences. A shift in public sentiment against private drone usage could easily result in the application of restrictive regulations, or perhaps even conditional bans.

Photographer Files Vague Patent, Sues Others for Shooting and Selling Photos of Sporting Events

In the world of patents, some money, a lawyer and the carefully crafting a few hundred words can go a long way -- for better or worse.

One such example is the case of Peter Wolf, owner of Photocrazy, a company that takes photos of sporting events such as triathlons, then offers prints to the participants by matching their race number to an internalized, searchable database.

And although this concept has been around for quite some time in various forms, EFF reveals that Wolf managed to get three patents on this generalized idea and is now attempting to squash other, smaller operations that use a similar method.

In the UK, ‘Antisocial’ Photography Can Get You Questioned and Potentially Arrested

It's a tale as old as time: 81-year-old photographer in East Sussex takes pictures of bachelorette parties, bachelorette parties don't seem to mind but strangers call the cops on him, cops say he's being 'antisocial' and ask for his name, he refuses, they threaten to arrest him.

Okay... maybe not as old as time, or even normal, but that's what happened to one photographer in the UK and it seems the cops may have actually had the right to arrest the man in this particular scenario.

Ferguson Cop Pulls Gun On Photographer Who Was Asking Directions to the Media Area

Cop pulled a gun on me tonight for asking a question. #ferguson— raffephoto (@raffephoto) August 20, 2014

By now we all know that the stories of media/police confrontation from Ferguson, MO have two sides. On the one hand, seemingly unnecessary arrests of major photojournalists had even the President of the United States condemning that officers' actions. On the other, a photojournalist on the ground explained why he was embarrassed by the way the media is acting in the area.

And yet, it's hard to imagine there being a good reason why, on a relatively peaceful protest day, a police officer answered a journalist's seemingly innocent question by pulling and pointing a gun at him.

NJ Cop: Constitutional Right to Take Pictures in Public Null Because ‘Obama Has Decimated the Friggin’ Constitution’

A New Jersey police officer is making headlines for how he responded Monday to a resident taking pictures in a public building. When the resident, one Steve Wronko, explained that it was his constitutional right, the officer told Wronko that "Obama has decimated the friggin' constitution, so ... if he doesn't follow the constitution, we don't have to."

Graffiti Artist Sues Production Companies for $45K for Using His Tag in Their Show and Promo Materials

The next time you want to photograph some cool graffiti, you might want to think twice... you could get sued by the artist if that picture makes it big.

After the popular Canadian drama 30 Vies aired, graffiti artist Alexandre Veilleux recognized a tag of his in the opening sequence. Now, Veilleux -- who goes by Alex Scaner in the graffiti community -- is seeking $45k in damages from Radio-Canada and Productions Aetios Inc., stating they used his work without permission.

US Government Says the 4th Amendment Doesn’t Apply to Online Storage

Earlier this year, a New York judge ruled that US search warrants applied to digital data, even if the data wasn’t stored domestically. The ruling came about after Microsoft was asked to hand over the user information and contested the warrant because the info was stored on servers located in Dublin, Ireland.

In the ongoing battle to protect users’s privacy, Microsoft has made their stance very clear. But so has the government with a brief filed last week.

ACLU Sues US Gov Over Program that Can Mark You as ‘Suspicious’ for Taking Photos in Public

The American Civil Liberties Union is helping four individuals take the United States Government to court over something called the Suspicious Activity Reporting (SAR) Initiative.

The program has received wide criticism recently, led in large part by a photographer who made the FBI's suspicious activity list for taking pictures of a piece of public art called the Rainbow Swash.

NYPD Air Traffic Control Recording Tells a Different Side of Near-Crash Drone Story

Yesterday, the story of two DJI Phantom quadcopters endangering an NYPD helicopter made the rounds online. Initial reports claimed that the two 'drones' were flying right at the helicopter forcing the NYPD pilot to take evasive action before following the Phantoms back to their source and taking the RC pilots into custody.

The air traffic control recording and several statements from the pilots themselves, however, seem to run contrary to what the NYPD is claiming, making it look like the helicopter was never in danger and, in fact, chased down the pilots with no idea what to even charge them with.

FAA Investigating Drone Pilot Who Shot the Nashville 4th of July Fireworks from Above

Last weekend, following the Fourth of July festivities, we shared a wonderful video of a Florida fireworks show as seen by a drone recording from within the show, perilously close to the colorful explosives. It wasn't the only such video to air post-Independence Day, however.

Others, including the video above shot by Robert Hartline in Nashville, TN also received tens of thousands of hits and, as it turns out, a bit more attention than he bargained for... Hartline is now being investigated by the FAA.

NYPD Helicopter Narrowly Avoids Crashing Into Two Camera Drones

Update: Initial reports that the 'drones' flew at the helicopter may not be entirely accurate. Click here to read our followup coverage.

Earlier this week, two drones narrowly avoided a collision with a New York Police Department’s helicopter just over the George Washington Bridge. It took aversion maneuvers by the quick-thinking helicopter pilot to ensure no collision took place. But just because there wasn’t any critical harm done doesn’t mean the individuals behind the reckless drones are getting off free.

In-Depth Presentation Demystifies the Gray Areas of Copyright Law for Photographers

Update on 12/16/21: This video has been removed by its creator.

This hour and fifteen minute-long presentation is one of the most detailed and useful videos on copyright law for photographers that we've run across. Put together by B&H in New York, they asked the The Copyright Zone guys, photographer Jack Reznicki and lawyer Ed Greenberg, to tell viewers and attendees "everything you wanted to know about copyright but were afraid to ask."

Texas Deputy Struggles to Find Legitimate Reason Why Recording Him is Illegal

Shot back in April, the above video shows “Ex-Cop Law Student" Andrew Wake attempting to record a seemingly routine traffic stop when a Gray County Sherriff’s Deputy eventually shows up by his side.

After handing out his name and date of birth, the Deputy asks a few more questions to which Wake kindly refuses to answer per his rights. Confrontation over, good to go right? Not so much. Things get interesting after the traffic stop is over and Wake starts heading away from the scene.

Photog Awarded $200K for Unlawful Arrest, Prompts the Creation of an Officer Training Program

Three years ago, in late July of 2011, freelance news photographer Philip Datz was arrested by the Suffolk County Police Department in New York for “obstruction of governmental administration” because he was recording the conclusion of a police chase from a safe distance away.

Last we told you about the case, the police were dropping the charges and officers were going to have to go through "media relations training," but the case has gone much further than that in the intervening three years.

Prolific Graffiti Artist Brags Over Instagram, Earns 23 Counts of Felony Vandalism

If we've said it once, we've said a thousand times: don't post illegal activity to Instagram. Because while the photo sharing service does sometimes seem to be the domain of teenaged girls with a duck face problem and hipsters who would like to share their latte with you, the police also spend time on there.

That's a lesson notorious NYC graffiti artist Peter Podsiadlo, better known as SEMP, learned the hard way this week when his Instagram photos earned him 23 felony counts of vandalism.

Urbex Photographer Threatened with a 15K Euro Fine and Jail Time After Run In With Authorities

The dangers of urban exploration photography are well-known. However, despite this danger, it’s not often we hear of any big names in Urbex photography having major accidents or run-ins with the law. That changed a bit this week when a photographer who goes by the pseudonym The Other Side shared the story of how he was threatened with serious legal consequences for photographing a partially abandoned French factory.