In case you missed our earlier post, let's get you up to speed: in the internet age, the argument is that you don't own anything anymore. This is relevant because yet another copyright infringement lawsuit has made its way across our computer screens, this time between a student photographer and the Colorado University newspaper The CU Independent that printed and distributed his now famous falling bear image.
John Herrman over at BuzzFeed has written up an interesting piece on how and why "grabby" terms of service have become ubiquitous in the online world of social media:
Copyright laws get pretty specific. A photographer can not only give a green light on a work, he or she can license a work for use only during specific years, or in a specific area, or for a specific publication medium (i.e. print vs electronic); and now it looks like massive publisher Pearson Education is in trouble for breaking these sort of terms one too many times.
After the death of Osama bin Laden and the subsequent dumping of his body into the sea, a number of groups have called for the release of photographs captured during and after the raid -- particularly the images showing his corpse. A year ago we reported that the Associated Press had taken legal action to obtain the images. Yesterday federal judge James Boasberg put an end to all the requests by ruling that there were legitimate national security interests at stake and that the photos would not …
If you've been following us for a while you may remember the Hope poster lawsuit we reported on in January of 2010. The case pitted artist Shepard Fairey against the AP and Mannie Garcia over a photograph Garcia had taken of President Obama. Fairey, who ultimately lost the case when he admitted to having destroyed and falsified evidence, was claiming that his poster fit the definition of fair use.
Here's a good example of why photographers should think about carrying liability insurance: Art + Auction magazine is being sued for $300,000 by art collector Corice Amran after its photographers accidentally knocked over a 2,630-year-old Nigerian Nok statue. The magazine was photographing the terracotta statue -- the oldest known figurative sculpture south of the Sahara -- at Amran's house in May 2011 when the photographers decided to pick it up and move it to the opposite side of the room.
In the past year -- and especially with the growth of the "occupy" movement -- police interfering with photographers or pedestrians trying to snap a photo of them has been in the news quite a lot. Just yesterday we reported on the Olympics' security guards who landed in hot water after harassing photogs shooting from public land. In the past, this was no problem, as police officers had little to fear in way of personal liability when they interfered; however, a new Connecticut bill -- the first …
PDN has published an interview with art collector Jonathan Sobel, who's suing photographer William Eggleston for creating and selling new prints of iconic photos that were once sold as "limited edition" prints. The new prints that recently fetched $5.9 million at auction were digital prints that were larger than the original ones.
Last month we reported that 36 digital pigment prints of photos by William Eggleston had been auctioned off for a whopping $5.9 million. At least one man wasn't too happy about the news: a New York-based art collector named Jonathan Sobel has filed a lawsuit against Eggleston, claiming that the photographer's decisions to sell new, oversized prints of his iconic images has diluted the resale value of the originals. Sobel owns one of the largest private collections of Eggleston's photographs -- …
Here's a lawsuit you might want to keep an eye on: in late 2010, photographer Richard Reinsdorf sued shoe company Skechers for violating the licensing agreement for a number of images he made for the company between 2006 and 2009. While the lawsuit itself isn't anything unusual, the price demanded by Reinsdorf is: he wants $250 million.
After being arrested on October 1, 2007 for using his cell phone to film officers making an arrest, Boston lawyer Simon Glik sued the city for violating his civil rights. Late last year the court denied a motion to have the case dismissed, and just yesterday it was announced that the City of Boston had come to a settlement with Glik, agreeing to pay him $170,000 for damages and legal fees. The decision last year and the settlement yesterday both reaffirm that the First Amendment protects the …
Photo-sharing site Pinterest, the new darling of social media, has a copyright infringement cloud hanging over its head. The fact that anyone can upload and share copyrighted photographs through the site has prompted many sites -- most notably Flickr -- to ban "pinning" for copyrighted works. Up to this point, Pinterest has tried to avoid legal trouble by having a Terms of Service that places all the blame for copyright infringement on its users, but a new solution may be on the horizon: …
Nikon caused a stir this past weekend after it was revealed that a promo video shown during the D800's launch in Bangkok actually contained footage that was both used without permission and that wasn't even captured with a Nikon D800. After a recording of the promo was uploaded to YouTube in mid-February, people began coming forward with reports that Nikon had used their videos without permission.
This looks like a screenshot of a satirical article by The Onion, but it's actually an actual story over on the Salt Lake Tribune. Turns out Utah is the latest state to introduce Florida-esque legislation that would make it a crime to photograph or videotape agricultural operations without permission from owners. Like in Florida, the bill's intent is to stop activist groups such as PETA from capturing covert imagery that allegedly show animal abuse.
David Hobby has written up a great post over at Strobist on how he avoids shoot-ruining confrontations with police officers when shooting in public locations (we shared an example of a confrontation yesterday). His tricks include calling the police ahead of time and leaving notes on the doors of houses nearby: …
Elizabethtown, Pennsylvania-based photographer Jason Macchioni was recently shooting a time-lapse project from an overpass at night when he was approached by police officers who demanded his ID and threatened to arrest him for wiretapping (Macchioni was recording video of the encounter). Macchioni tells us, …
An update to the financial scandal over at Olympus, which has quieted down quite a bit in recent days: former Chairman and President Tsuyoshi Kikukawa has been arrested with six other people (including three former executives) for "suspected violation of Japan’s Financial Instruments and Exchange Act". As you might remember, Kikukawa replaced ex-CEO Michael Woodford after Woodford's abrupt dismissal and stated that the move was because Woodford -- who's from the UK -- didn't fit into the …
It wasn't too long ago that Kodak filed multiple patent infringement lawsuits against Apple in a scramble for life-giving cash, but now the tables have turned. Less than a month after Kodak filed for bankruptcy and announced the end of its camera business, Apple is reportedly in the process of asking the court for permission to sue bankrupt Kodak for infringing on Apple's patents in its printers, digital cameras, and digital picture frames. This back and forth IP fight is one that Kodak might …
Last week we reported on a dispute between photographer Jonathan Kent and The Telegraph over the newspaper's "use first and ask/pay later" policy. After contacting the paper over an image of his that was used without permission, Kent received a response from picture editor Matthew Fearn, who informed him stating that their policy is standard and due to the "ever-shifting nature of news". In response, Kent wrote up a tongue-in-cheek letter likening the paper's actions to borrowing a car for a …
After discovering his photograph used without permission on The Telegraph's website, photographer Jonathan Kent contacted the newspaper asking to be compensated for the unauthorized use. He then received an email from deputy picture editor Matthew Fearn, who defended the newspaper's actions, stating, …
Want to inform someone of their right to take pictures in the US? Just share this short cartoon created by the ACLU, Joseph Gordon-Levitt, and The Gregory Brothers. It features Benjamin Franklin's ghost, who sings about the various things you're legally allowed to do without being harassed by law enforcement.
Here's a disturbing video called "If You See Something, Film Something" that shows why it's important that citizens have the right to turn cameras on the activities of police officers without being stopped or harassed: …
If you're a photographer in the UK, you might want to think twice about shooting and selling a photograph that has a similar composition to an existing photo. Souvenir company Temple Island Collection has won a copyright infringement case against tea company New English Teas after a photo of a red London bus was used on tea packaging. Photo copyright expert and lawyer Charles Swan states, …
A UK photographer who goes by the moniker Hamstify was documenting his town Scunthorpe late last year when he was confronted by security personel outside a Golden Wonder plant and ordered to stop photographing. He was shooting from a public location, so he decided to stand up for his rights and film the argument that transpired. On VisitScunthorpe.com, he writes, …
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 …
16-year-old photographer Jules Mattsson has won a settlement from the London Metropolitan Police after being stopped and detained last year while photographing the Armed Forces Day parade. Here's Mattsson's account of what happened: …
The US is following the UK's lead in banning advertisements for having too much digital manipulation. The National Advertising Division, a US watchdog that imposes self-regulation on the ad industry, has banned a CoverGirl mascara ad by Procter & Gamble because Photoshop was used to make the girl's eyelashes thicker than they were in real life. Even though the enhancement was disclosed in the ad itself, NAD wasn't satisfied, saying, …
The New York Times has sent an angry letter to the New York Police Department after video emerged showing photojournalist Robert Stolarik being pushed around and then blocked while trying to photograph officers arresting Occupy Wall Street protestors. The memo itself hasn't be published, but NYT VP and assistant general counsel George Freeman is quoted as saying, …
Photographer Tim Allen spotted this sign outside the Aldwych tube station, an abandoned London Underground station that recently opened up for tours. While photography bans are pretty common, the station has decided to only ban DSLRs due to "their combination of high quality sensor and high resolution". Other cameras are allowed in, as long as they don't look "big" enough to shoot amazing photos.
Three years ago, an Illinois man named Michael Allison was arrested for videotaping police in public in accordance with the state's extremely strict wiretapping laws. He faced up to 75 years in prison for his crime, but a few months ago an Illinois judge ruled that the laws were unconstitutional and threw out the case. However, the State of Illinois is now appealing to the Supreme Court to have the dismissal overturned.
It's not uncommon to hear stories of wedding photographers getting sued by unsatisfied clients, but one lawsuit currently underway in New York is causing quite a stir. Todd Remis (pictured on right) of Manhattan is suing 65-year-old studio H & H Photographers (on left), claiming that the photographers had missed the final 15 minutes of the wedding that included the last dance and bouquet toss.
There was a minor hoopla yesterday after Boing Boing shared that mugshot photos of arrested Occupy Portland protesters were being uploaded by the Portland Police Department to Facebook.
Last week we wrote about an obscure law in Washington DC that can land a person in jail for doing photography for "more than 5 minutes at location". The Washington Post published a clarification stating that the law is targeted at people who make a living taking a portrait for strangers on city sidewalks. However, the National Press Photographers Association isn't satisfied with the explanation, and has written a letter to the city requesting that the "vague" law be repealed: …
The ACLU of Southern California has filed a lawsuit against the Los Angeles County Sheriff’s Department and several of its deputies, claiming that they unlawfully harassed, detained, and searched photographers simply because they were taking pictures. The suit asks the court to instruct the Sheriff's Department to stop detaining citizens on the basis of photography, and also seeks damages. ACLU attorney Peter Bibring tells the LA Times, …
Update: Apparently this isn't something ordinary photographers need to worry about. See below.
Renowned rock photographer Baron Wolman, the first photo editor at Rolling Stone magazine, is speaking out against the worrying trend of copyright grabs by music artists. He recently spoke to makingimages.com.au, saying: …
A Lancome advertisement featuring Julia Roberts caused a stir back in July after it was banned by the UK for being too "Photoshopped". Now a couple in the US are trying to bring stricter regulation to the United States. Seth and Eva Matlins, founders of Off Our Chests, have started the Self Esteem Act: …
Having this image on your camera might get you out of a situation where someone illegally demands that you delete a photograph. You can download a higher res version here.
Last Friday, 45-year-old Chris White was at the Braehead shopping center near Glasgow, when he took a snapshot of his daughter Hazel eating some ice cream. He was then confronted by security guards -- and later the police -- who cited the Prevention of Terrorism Act to explain that it was in their rights to confiscate his phone. While they did allow him to keep the photos, they demanded his personal details. Afterward, White created a Facebook page titled "Boycott Braehead" in an effort to draw …
Photography business analyst Dan Heller has written a helpful post in which he busts common misconceptions photographers in the US have about model releases. A big one is that you need to first obtain a model release before selling photos of people. Heller writes, …
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.
A 19-year-old man in the UK has been sentenced to two months in prison for snapping a courtroom photo. Paul Thompson was sitting in a public gallery last week -- the defendant was a friend who was on trial for robbery -- when another friend texted him to ask where he was. Thompson decided to snap a picture with his Blackberry to explain why he couldn't talk, but was quickly arrested by officers who noticed what he was doing. He was then sentenced to two months in prison for "contempt of court" …
Regardless of how bad photographers' rights seem to be in your country, here's a story that will definitely make you appreciate them at least a little bit more: a photojournalist named Sithu Zeya may spend 18 years of his life in prison after being arrested for photography. Zeya, who's only 21 years old, was arrested in Burma last year after getting caught photographing the aftermath of a grenade attack that killed 10 people in the country's largest city, Yangon. After being sentenced to 8 …
It looks like all the negative news stories about photographers' rights in the UK is finally causing some positive change -- private security guards across the nation are being instructed (for the first time) to exercise some common sense when stopping and questioning picture-takers: …
German satire program Extra 3 conducted a humorous -- albeit disconcerting -- experiment testing photographers' (and videographers) rights in Germany. They had an actor use a camera at different "sensitive" government locations, doing the exact same things (e.g. film the locations of security cameras) but dressed in two different outfits -- first as a European tourist and then as a Middle Eastern man. The result shows that how law enforcement deals with cameras is largely determined by common …
If a stranger suddenly grabs your camera and takes a photograph, who owns the copyright to that photograph? Photographer Mirjam Letsch writes, …
Could allowing the use of your photos for free actually be a way to increase income? Portrait photographer Jonathan Worth -- the man behind Coventry University's free photo courses -- used to send take-down notices to any website that shared his work without permission. Then he met author Cory Doctorow, a proponent of Creative Commons licensing, who suggested that he try giving away his work for free. Worth then made a high-res photo freely available online and quickly sold 111 signed prints, …
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.
Boston lawyer Simon Glik was arrested on October 1, 2007 when he used his cell phone to record officers making a drug arrest, and later sued the city and the officers for violating his rights. After the officers tried to having the lawsuit dismissed on the basis of qualified immunity, a Federal Appeals Court denied the motion last week and ruled that filming and photographing police is in fact protected by the First Amendment.
Ever wonder how and why copyright law came about? This interesting video will bring you up to speed. It's pretty biased against certain aspects of copyright law, but is interesting nonetheless.
