Drone photography and videography are becoming big business, from real estate to special effects such as simulating views from aircraft or a bird’s eye. Aerial photography can be simply stunning and even abstract which makes for great photos. With money out there and more and more people getting into using drones for photography, legal questions arise over what you can Continue Reading
Photodoto
Posts Tagged ‘Legal’
Is it Legal to Fly a Drone over Private Property? Laws Explained
02
Oct
Cryp Trade Legal Erfarenheter
19
Jun
Att välja Cryp Trade Legal de bästa kryptosystem som finns på marknaden är en mycket viktig aspekt av handeln. Om du inte är medveten om detta kan det sluta med att du förlorar mycket pengar i det långa loppet. Om du vill göra mest vinst på kortast möjliga tid måste du göra din hemläxa väl. Här är några av de grunder som du bör känna till innan du väljer de bästa mynten att handla på marknaden med.
Cryp Trade Legal
En av de första sakerna du måste titta efter i de bästa valutorna som finns på marknaden är deras inflationsgrad. För att förstå detta måste du först förstå vad inflation är. Inflation är helt enkelt en ökning av priserna utan att varor och tjänster minskar. Till exempel är en enårig dollar värd mycket mer om några månader, eller hur? Så om du väljer att investera i de bästa råvarorna för det här århundradet vore det klokt att hålla utkik efter de valutor som enligt prognoserna kommer att uppleva den högsta inflationen under de kommande tio åren.
Ett annat grundläggande övervägande när det gäller att investera i de bästa valutorna är deras historik när det gäller handel och gruvdrift. Man kan inte bara välja vilket gammalt system som helst att investera i idag. Det finns hundratusentals valutor som handlas på marknaden och endast ett fåtal utvalda är lönsamma. Därför är det nödvändigt att du forskar väl om de olika systemen som finns tillgängliga för att veta vilket av de tillgängliga kryptosystemen som är det bästa att investera i.
Ett av de enklaste sätten att avgöra vilken av de bästa valutorna att investera i är genom att titta på den underliggande tillgångens egenskaper. Detta kallas tillgångens egenskaper och de är kända som Ripples. Låt oss ta en titt på två exempel på de bästa valutorna att investera i under det kommande decenniet. Den första typen av tillgång är aktier. Ett index som följer värdet av olika typer av företag kallas aktier. Så om vi tittar på de tio främsta valutorna som kommer att styra aktiemarknadens värde i framtiden är det troligt att dollarn kommer att fortsätta sin uppgång eftersom värdet på aktier i USA och Europa förväntas stiga.
Den andra typen av tillgångar är guld. Det finns en stor sannolikhet för att guldpriset kommer att stiga under det kommande decenniet. Om du håller på med handel och inte har teknisk kunskap om vilken av de bästa valutorna du ska investera i bör du prova de bästa kryptovalutorna som sannolikt kommer att öka i värde under detta årtionde. Bland de möjliga valutorna att investera i Cryp Trade Legal finns euron, den japanska yenen, den australiska dollarn, schweiziska francen, den kanadensiska dollarn och det brittiska pundet. Var och en av dessa valutor har sina egna för- och nackdelar och du bör noggrant studera dem innan du investerar i dem.
Även om det är lätt att bli lockad av de dåliga nyheterna om att investera i kryptovalutor finns det ingen dålig investering när det gäller mynt. Anledningen till detta är att de flesta investerare som är nya i den här branschen slutar med att förlora sina pengar eftersom de inte har rätt kunskap om vilka av de bästa valutorna de ska investera i. Så när du letar efter de bästa valutorna att investera i är det viktigt att du blir bekant med alla dessa. Detta beror på att endast genom att bli en registrerad användare av en onlinehandelsplats kan du få tillgång till alla de bästa kryptovalutorna som finns tillgängliga i världen idag.
Det finns många fördelar som är förknippade med att investera i de bästa kryptokurvorna, bland annat det faktum att de handlas på den globala marknaden. Därför är det lätt att handla med de bästa valutorna och du kan också förvänta dig god avkastning. Att investera i de bästa valutorna kräver dock att du lär dig hur systemet fungerar, grunderna i ekonomi och företagsledning. Om du till exempel är en investerare som är ny på att investera på altcoin-marknaden, är det bättre om du får hjälp av professionella personer som experter och handlare.
Det finns många fördelar som du kan njuta av när du investerar i de bästa valutorna i världen. En av dessa är att när du väljer de bästa kryptosurferna kan du vara säker på att värdet på din investering alltid kommer att vara stabilt. Eftersom värdet på varje mynt varierar beroende på utbud och efterfrågan är det viktigt att du investerar i de bästa valutorna och sedan handlar med dem enligt dina behov. När värdet på en valuta fluktuerar kan du alltså enkelt sälja dina tillgångar och investera i de nya.
Det bästa sättet att investera i de bästa kryptosurfarna är att se till att du är välinformerad om de olika faktorer som påverkar värdet på ett visst mynt och du har också en expert som kan lära dig hur du väljer de bästa valutorna att investera i. När du vill göra vinster från handeln med den bästa kryptosurf bör du alltså se till att du utbildar dig om marknadens ekonomi och affärsmodeller. Här är nästa intressanta blogginlägg: Köp Bitcoin med Amazon-kupong.
The post Cryp Trade Legal Erfarenheter first appeared on Hur man använder kryptovalutor på rätt sätt.
Hur man använder kryptovalutor på rätt sätt
French President Macron takes legal action against photographer over invasion of privacy
19
Aug
 |
| Photo: Kremlin.ru |
French President Emmanuel Macron has filed a legal complaint against a photographer over allegations that he violated the presidential couple’s privacy while they were on a holiday vacation. According to UK newspaper The Telegraph, Macron and his wife were on a private holiday in France when an unnamed photographer failed to honor their request for privacy.
The photographer is accused of stalking the president and his wife during their stay in the French city of Marseille, having at times acted in ‘a risky and perilous manner’ while ignoring warnings from Macron’s security personnel to back off. None of that got him arrested, however; it was the photographer’s alleged unauthorized entrance into the couple’s private property that led to the cops being called and a legal complaint being filed.
The unnamed photographer reportedly told French newspaper VSD that he was subjected to a police search, which included having officials search his bags and gear. He complained of being treated like a criminal and being forced to remove his watch and shoelaces, and characterized the police officers’ search of him as ‘totally illegal.’
Articles: Digital Photography Review (dpreview.com)
Nikon in legal tussle with ASML and Carl Zeiss over alleged patent infringements
29
Apr
 |
On Monday this week Nikon initiated legal action against the Dutch company ASML Holding NV, which is one of the market leaders in the field of semiconductor lithography machines. Germany’s Carl Zeiss AG is ASML’s optical supplier. Nikon said both companies were using its lithography technology without permission and that it was seeking damages and to prevent ASML and Zeiss from selling the technology.
Nikon and ASML have contested IP rights for more than fifteen years, as ASML has come to dominate several aspects of the market for semiconductor manufacturing equipment previously divided up primarily between Nikon and Canon.
In first statements both companies called Nikon’s legal action unfounded and categorically denied any infringements. A spokesperson for ASML said the company had repeatedly attempted to negotiate an extension of a cross-license agreement with Nikon.
Now ASML and Carl Zeiss have teamed up to counter-sue Nikon and are both filing legal claims against Nikon for the infringement of more than 10 patents. Peter Wennink, ASML President and Chief Executive Officer, said the following in the company’s issued statement:
We have no choice but to file these countersuits. We have tried for many years to come to a cross-license agreement that reflects the increased strength of our patent portfolio. Unfortunately, Nikon has never seriously participated in negotiations. Now that Nikon has decided to take this dispute to court, we also have to enforce our patent portfolio, and we will do this as broadly as possible.
Both ASML and Carl Zeiss have issued press releases on the matter. It seems this is a legal dispute that could go on for quite some time, and not the first one involving these three parties either. According to Nikon, ASML and Carl Zeiss paid it $ 87 million and $ 58 million respectively in 2004. We’ll keep you updated on any future developments.
Articles: Digital Photography Review (dpreview.com)
Ballot-selfies are now legal in New Hampshire
30
Sep
 |
| A polling station in Nashua, New Hampshire. Photo by Mark Buckawicki via Wikimedia Commons |
A law prohibiting New Hampshire voters from taking self-portraits with their ballots has been deemed unfair. Taking self-portraits with your ballot markings in a voting booth has been illegal in that state since 2014 and punishable by a fine of up to $ 1,000. The law was put in place to avoid potential vote-buying schemes. Politicians feared that the ballots in the images could be used for tracking and verifying influenced votes.
This law has now deemed to be unfair and in violation of the First Amendment by the First Circuit Court of Appeals in Boston, which has upheld a lower court ruling. The court acknowledged the reasons for implementing the legislation but said in the ruling it felt there was a ‘substantial mismatch between New Hampshire’s objectives and ballot-selfie prohibition,’ and that ‘the restrictions on speech’ were ‘antithetical to democratic values.’
Ballot selfies are regulated in different ways across the US. A total of 26 states prohibit them explicitly through various laws, such as bans on cameras in polling places. In 9 states, now including New Hampshire and Oregon they are allowed and in the remaining states the law is unclear. The court ruling in Boston only has an impact in New Hampshire but hopefully other states will follow, as harmonized laws across the nation would provide some much-needed clarity on the subject.
Articles: Digital Photography Review (dpreview.com)
The Biggest Legal Mistake Photographers Make
11
May
Whether photography is your bread and butter, or something that you’ve started out doing casually with machinations of eventually picking up a few paid gigs, you’ll want to acquaint yourself with a sexy little document we lawyers like to call, the Client Service Agreement (or CSA, for short).
By Lucas
CSAs are, as their name suggests, agreements that you, as a photographer, make with anyone who wants to pay you for your photography. Again, we’re not just talking to the professionals here. We’re also talking to those of you with your entry-level DSLRs shooting your friends’ weddings or head-shots on the occasional weekend. Food, selfies, and your niece’s birthday party might be the only things in front of your lens at the moment, but as your skills improve, so will recognition for your photography. It might not be long before folks start offering you money here and there for your work. When that moment comes, you want to be prepared to accept the gigs offered to you, while presenting yourself as a professional, and covering your rump in case things go wrong. How do you do that? You guessed it – with a CSA. It is a huge legal mistake photographers make not having a formal agreement or contract.
Why we all need CSAs. Yes, even you, part-timer.
Before we get into what a CSA should contain, let’s first take a brief trip down scenario lane so you get a good idea of what we mean about covering your tuckus in case things go wrong. If we lawyers know anything (and we don’t know much), it’s that everything’s all smiles and giggles until somebody’s wedding photos get lost in the cloud storage ether, or someone else demands a full refund because the head-shots you spent three hours shooting and imaging “just don’t look right.” Take it from us, whenever somebody is paying somebody else for a service, especially a service like photography where the outcome can be pretty subjective, things can get all Judge Judy real fast. People have certain expectations about the outcomes of products and services that they pay for (as they should), and unfortunately, sometimes those expectations are unreasonable. If you have your policies clearly set forth in a CSA, you’ll have something concrete to point to when someone comes complaining about the work that you produced, making unreasonable demands.
But, CSAs aren’t just for governing complaints from unreasonable clients. CSAs also exist to inform your clients – at the get-go – of how your engagement as their photographer will proceed, and what they should expect from the relationship. By having a CSA in place, your client has some peace of mind in knowing when, how, and at what cost you will perform your services and deliver your product. Likewise, you have peace of mind knowing that you have a legal document to lean on if their payment is late, or you make a mistake, or a seagull makes off with your lens during a beach wedding shoot.
By mirsasha
Okay fine. We all need CSAs. But how do I make that happen?
Now that we’ve scared you into getting a CSA (we lawyers feed on fear and gummy-bears, as you probably know), here’s a list of what a decent CSA should contain, so you can draft it yourself if need be. This is just a general list of the most important points, there may be other things relevant to you that aren’t included here. At a minimum, make sure you include this stuff. Because, as important as CSAs are, a crappy CSA can really cramp your style.
- What happens when a client fails to show up at their appointment?
- How many calls/emails/meetings with you can the client expect?
- When and how will the photos be delivered?
- When and how will the client pay you?
- What happens if payment is late?
- Will you provide hair and makeup?
- What rights to the photos is the client purchasing?
- What are the terms of the client’s license to use the photos?
But what about all that legal gibberish?
You know when you are asked to sign a contract, or some kind of release, and you skim through the top bits, then you get to the bottom part, where the words get long and tiny and sound like they were written four hundred years ago, so you just stop reading and sign the damn thing already? Well, all of that stuff – the stuff you never read – that’s called “boilerplate” and it’s actually a really important part of your CSA. The boilerplate bit is the bit that controls what happens when the parties to the agreement (that’s you and your client) disagree.
By Judit Klein
Important examples of boilerplate clauses include:
- Limitation of Liability Clause, which limits the amount of liability you could have if an issue arises with your client. In other words, this is the bit that might keep you from having to pay crazy amounts of money if you lose a lawsuit.
- Recovery of Litigation Expenses (aka Attorney’s Fees), which usually allows the winning party of a lawsuit to recover their attorney’s fees and other costs incurred to bring the lawsuit to enforce the agreement. In other words, as long as the judge is cool with it, the winner of the suit has their attorney’s fees paid by the loser. Which is awesome, because attorneys aren’t always cheap.
- No Guarantees Clause, which states that you can’t guarantee a particular outcome (for those, “these photos just don’t look right” moments).
- Transfer of Intellectual Property, which states how, and under what circumstances, the intellectual property is transferred from the service provider to the client (i.e. who owns the photos). This one is really important for photographers. Typically, you want to maintain ownership of your photos and merely grant your client a license to use the photos in limited ways (like display them in their home or on their website).
- Entire Agreement; Modifications; and Waiver. This clause states that what is written in the contract is the entire agreement between the parties. So, whatever else you agreed with the client outside of the contract via email, in conversation, etc., doesn’t apply. This section also requires that any modifications to the agreement be done in writing.
One other thing
The terms of your CSA should be reasonable, and the way you deal with clients is an important part of building your reputation and your business. So, try to strike a balance between protecting yourself and respecting your time, and pleasing somewhat picky clients. It’s okay to go above and beyond what you’ve promised in your CSA from time to time (so long as it isn’t to the client’s detriment).
P.S. What to do when you forget to bring a pen
By 24oranges.nl
Here’s one last tip to make this CSA thing super easy: use HelloSign or a similar app to have all of your clients electronically sign your CSA. Electronic signatures are totally legit and they’ll help you get your agreements signed quickly by every single client.
Now, go get your Client Service Agreement together. Your conscience (and your bank account) will thank you.
Rachel Rodgers is a New Yorker, wife, mama to 2 toddlers and IP lawyer (not necessarily in that order) who works with creative professionals in her online-based law practice, Rachel Rodgers Law Office P.C. Rachel co-authored Legal Nunchucks: For Photographers, THE resource for making sure your photography business is protected, legit, and overflowing with moola. Download her FREE cheat sheet on the 10 most common legal mistakes that photographers make.
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The post The Biggest Legal Mistake Photographers Make by Rachel Rodgers appeared first on Digital Photography School.
Working with a Second Shooter – Legal Ins and Outs
23
Nov
The Importance of Being or Having a Second Shooter
If you have ever done any kind event photography, weddings in particular, you already know how important it is to hire a second shooter. You’re trying to adequately photograph hundreds of people, often in multiple locations in the same venue. You’re good, but you’ve yet to master the finer points of time travel and being in two places at once. Similarly, if you’re still looking for your way into professional event photography, you already know how important it is to be a second shooter. This is your chance to learn from someone who has already walked in your footsteps. It is the opportunity to hone your skills, connect with a mentor, establish relationships, and start building your portfolio.
Ownership of the Images
But who owns the second shooter’s photographs?
Common sense would dictate that if I am contracted to shoot an event, all of the photos taken by me or anyone working for me fall under my copyright, and therefore belong to Guyer Photography. One of the main things I learned in 14 years of practicing law, however, is that contractual situations are rarely ever common, and are often devoid of sense.
“Whoa. Hold On. Did you just say, ‘contract?’”
Yes, but relax, we’ll come back to that in a minute.
For now, it’s important to know that copyright law makes two facts abundantly, and undeniably clear. First, an image is copyrighted from the moment the shutter clicks. I’m not going to get into copyright registration in this article, except to say that registration is not necessary for copyright protection to take effect. Compose, focus, click, done. Copyright protection. That’s it. Just like magic. It is the second fact, though, that creates a potential problem for photographers and their second shooters. Not only does the copyright spring to life at the very moment of capture, but the copyright actually belongs to the photographer who presses the button.
I’m going to go get myself a snack while you ponder the ramifications of that point.
Okay, so by now you’re thinking about your images showing up on your second shooter’s website and the value of those images deflating like a hot air balloon in a thunder storm. But, have you also considered that if the second shooter owns the image they may also be able to prevent you from sharing, blogging, posting, tweeting, advertising, marketing, printing, or doing anything with it other than passing it along to the client? There are so many ways that this copyright ownership technicality can take an otherwise great working relationship and turn it sideways if you aren’t careful. It’s a scary proposition, but it’s a minefield which can be easily avoided if you just take a few simple steps to protect yourself.
Put it in Writing
Most photographers who hire second shooters, do so on a job-by-job basis. They are there to do what you need them to do, when you need them to do it, but technically they are independent contractors, not employees. As such, having a contract in place is essential. A photography work for hire contract will cover everything from copyright and compensation, to confidentiality and liability.
Copyright – Retain It, But Be Fair
This is going to be the most important paragraph in the entire contract. Here is where the photographer stakes their claim to the copyright of all images taken by their second shooter in the course of photographing the event. The language must be clear that the photographer retains all copyrights associated with the second shooter’s images. If your contract contains nothing else, make sure it contains this copyright protection. Without it, it’s your second shooter who owns the images outright, not you.
This is also where the photographer may choose to outline what rights, if any, the second shooter has to those images. I may choose, for instance, to allow the second shooter to use his or her photos in a print portfolio but not on a website. Or, I might tell them they can have unrestricted use of the images, but not until six months after the wedding date. Another option might be to let them use the images on their website, as long as it bears a credit line that reads “Photographed for Guyer Photography.” You can come up with any set of conditions you feel to be reasonable, but you are also well within your rights to explicitly state that they cannot use the photos ever, for any reason. Obviously, this is an extreme example and I do not recommend it. A good second shooter works hard and should have something to show for it. They also have their own communities in which they share their experiences and opinions. If word gets out that you aren’t letting your second shooters use their images, good luck finding any who want to work with you down the road.
You are in business for a reason, and giving away your copyright is not that reason. As outlined below, there are other important elements to the contract, but getting the ownership question answered early and clearly is crucial to the survival of your business.
The Relationship
It is important to clearly state that the second shooter is not an employee, but an independent contractor. If they are an employee, you could be responsible for liability issues, as well as insurance and taxes. Any one of these could push you into a variety of financial pitfalls. Be clear, and spell it out. Leaving it open to interpretation will only lead to headaches down the road.
Compensation
This is pretty basic. You have to make sure that the contract properly reflects whatever compensation you’ve negotiated with your second shooter. Be specific. If you are paying them a flat rate for the entire job, indicate that in the contract. If you are paying them hourly, make it clear what the rate is and how many hours you plan to cover, as well as an agreed-upon rate for overtime. Events rarely stick to a schedule and often run longer than expected. If you are contractually bound to pay for six hours, plan for what happens when the reception is still going strong at six and a half hours. You don’t want to be negotiating this while you’re waiting to get the shot of the bride and groom leaving. This is also the section of the contract where you need to cover expenses like parking, meals, travel, etc.
Gear
This is the perfect place to spell out what gear you expect your second shooters to have with them when they show up at the venue. Whenever I hire a new second shooter, one of the first things I do is email them a complete list of my gear and ask them to send me a complete list of theirs. By detailing what is expected of them up front, I avoid unpleasant surprises on the day of the wedding.
Delivery Schedule
Some photographers put delivery schedule in the contract, and some don’t. I put it in, not because I feel the need to tell you how much time you have to get your images to me after the event, but to make sure you understand that I will hide your car keys in the bushes if need be to ensure you go absolutely nowhere before clearing your memory cards onto my laptop. I realize this comes off a bit harsh, but there are practical reasons behind it. First, I was burned once and had to refund an entire wedding because the second shooter lost an important memory card. Second, unless the second shooter is going to be editing the images, there’s really no reason to wait.
Liability
As long as you’re getting everything else in writing, why not take a few lines to address what happens when your second shooter breaks your equipment, or gets broken himself. What unforeseen expenses are you willing to take on and which will you make certain he understands are his personal responsibility? If you don’t deal with it as a possibility in the contract, it will be too late to deal with it as a reality in the emergency room.
Confidentiality and Non-Compete Clauses
I was extremely lucky when I started out in this business. I found amazing photographers who were generous with their time, knowledge, and gear. I believe in giving back and paying it forward. If you work for me as an assistant or second shooter there is virtually nothing I won’t share with you. I’ll answer your questions, make suggestions, offer critique, and tell all my friends about you, to help get you more work. I’ll do all of that and more, right up until that moment when you break my confidence. My event is not the time or place for you to be handing out your freshly printed business cards. When you meet your friends for drinks after the job do not discuss my prices, my marketing materials, or even this contract. You’re looking for your place in this profession and I want to help. Look out for me and I’ll look out for you.
Ideally, you and your second shooter should be able to view this contract as a mere formality. If you can’t, you may not be right for each other. But if you can, the two of you could be on your way to a long, mutually beneficial relationship. Honest and open communication of expectations is an important two-way street. Nobody wants to train a new second shooter every time an event comes along. You want someone in your corner who has your back and knows how you want things done. As much as you may like and respect your second shooter, you both need to get on the same page and make sure that reasonable expectations are met, particularly and most importantly when it comes to ownership of the photos.
NOTE: The advice in this article and the accompanying sample contract is based on my experience as a professional photographer and does not constitute legal advice. While the principles discussed are widely applicable, every jurisdiction is different and you should consult a local attorney for specific legal advice. – JJG
Editors note: Please keep in mind this article is the writer’s opinion on how to handle this issue. I’m sure each photographer has a different approach to hiring second shooters. If you have any suggestions or comments please add them below and let’s have a discussion.
Post originally from: Digital Photography Tips.
Check out our more Photography Tips at Photography Tips for Beginners, Portrait Photography Tips and Wedding Photography Tips.
Working with a Second Shooter – Legal Ins and Outs
The post Working with a Second Shooter – Legal Ins and Outs by Jeff Guyer appeared first on Digital Photography School.
Legal Photography Nightmares — and What They Mean for You
13
Mar
It’s not just photographers and social media fans who like Instagram; lawyers love the photo-sharing site too. After Instagram announced a badly-written change to its terms of service that would apparently have allowed the Facebook property to sell contributors’ images without compensation, the lawyers brought out their briefcases. Even though Instagram quickly took down the new terms and reverted to the old ones, the lawyers filed a class action suit alleging breach of contract. Last month, Instagram applied to have the case thrown out.
That case may not lead anywhere, and if it did, it would benefit photographers at the expense of a big company. That doesn’t always happen. Photographers, amateur as well as professional, need to be wary of being sued just as much as they need keep an eye out for big firms trampling over their legal rights.
Wedding Photographer Sued for Missed Kiss
That happened earlier this year to Australian wedding photographer George Ferris of Studio Edge & Multimedia who found himself in court defending a lawsuit brought by two unhappy clients. Ferris, said the couple, Jarrad and Sheree Mitchell, had missed all of the most important moments of the wedding, including the ribbon cutting, the certificate signing and the pair’s first kiss as husband and wife. They withheld $ 400 of the $ 2,700 fee — and sued for $ 6,700.
Ferris countersued for $ 6,000, claiming the remainder of the fee, court costs and $ 63 for a meal that he bought at his own expense. The Victorian Civil and Administrative Tribunal showed a surprising amount of sympathy for the difficult work of wedding photography; it agreed with Ferris that capturing the kiss is a challenge. But ordered him to pay the Mitchells $ 750 for failing to supply the full value of the package he’d sold, and told the couple to compensate the photographer for the cost of his meal.
That’s the sort of case that haunts every wedding photographer. The photographer appears to have screwed up. If you’re blaming shadows and blur on flowers and flash bounce, and missing key moments of the event, you can expect clients to be unhappy — and you can be afraid that they’re going to overreact and demand a giant chunk of compensation.
User Uploads Images, Photographer Sues the Site’s Owner
But it’s not just clients who can reach too fast for their lawyers. Photographer Charlyn Zlotnik recently threatened to bring a suit against Les Irvin, owner of jonimitchell.com. According to a page that went up on the site, Zlotnick demanded between $ 25,000 and $ 600,000 in compensation after an anonymous user uploaded four of her images without her permission.
Irvin’s site includes a legal page that explains how copyright owners can claim infringement, and he removed the images from the site as soon as he was informed of a claim. That quick deletion and the fact that the images were uploaded by a user and not by himself should have been enough to clear him of any accusation of copyright infringement.
Despite some apparent initial obstinacy, Irvin’s plea for the site’s users to write to the lawyers and to the photographer pleading with them to drop the suit might have been successful. The site no longer mentions the suit and the plea has been removed. BoingBoing has noted that the photographer was recently caught up in a drugs bust, while the legal firm that sent the letter demanding compensation has been mentioned on watchdog sites Ripoff Report and Extortion Letters Info. There may have been a lot less law to this case than meets the eye.
Prepare the Evidence Before the Suit
Zlotnick’s attempt to catch some cash might have had little credit but a recent case about one iconic image has a lot more justice on its side and offers a number of lessons for photographers.
The photograph at the center of the case dates to 1991 and shows University of Michigan’s Desmond Howard striking the Heisman Pose after returning a 93 yard punt for a touchdown. The shot was taken by freelance photographer Brian Masck who initially licensed it to Sports Illustrated.
Last month Masck sued a long list of targets, including Sports Illustrated, Nissan, Getty Images, Champions Press, Photo File, Inc., Fathead, Wal-Mart, Amazon.com, and even Desmond Howard himself for violating his copyright, either by reproducing the image without his permission or for selling unauthorized copies.
Law professor Eric Goldman has written about the suit and noted that it raises a couple of interesting issues.
The first is that because there were three photographers at the game, and all captured the image in slightly different ways, in 2011 Masck altered the image so that he would be able to track its use:
He added two tells to the photograph. First, he removed the branding from the glove on Desmond Howard’s right hand. Second, he extended the lettering on the football. These small alterations do not appear to the untrained eye, but assist Brian Masck in tracking infringing uses of his photograph.
That’s an interesting little trick that other photographers would do well to emulate especially when they’re shooting the same scenes alongside other photographers. Watermarks can be removed but these small “tells” are much harder to hide.
The second point concerns the importance of registering images with the Copyright Office. Blaming bad legal advice, Masck didn’t register the image until 2011. That’s an error which would cost him the higher rate statutory damages.
Even without those damages though, Goldman believes that the actual damages and infringer’s profits should be both high enough and hard enough to prove for the parties to settle out of court.
That might suggest that turning to a lawyer when you think your copyright is being infringed is a good idea. Sometimes it will be. But street photographer Brandon Stanton come up with much more elegant response to an example of copyright infringement.
According to PetaPixel, Stanton was approached a few months ago by clothing firm DKNY who wanted to license 300 photos from his Humans of New York site to decorate its stores worldwide. The company offered a flat fee of $ 15,000. Believing that $ 50 per photograph was too low, Stanton rejected the offer.
That should have been the end of it. And it was until one of his fans sent Stanton a photograph of his images used to decorate a DKNY store in Bangkok.
Instead of demanding payment or calling his lawyers, Stanton told his Facebook page and asked his followers to share his demand that DKNY give a $ 100,000 donation to the YMCA in Bedford-Stuyvesant, Brooklyn. The company responded within 24 hours. The images, it said, had been used in an internal mock-up which that store had used by mistake. It apologized and donated $ 25,000 to the YMCA in Stanton’s name.
That’s not a decision that the lawyers will like but it should make photographers and social media fans happy.
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Photo Hunting in a Zoo: That’s Easy and Absolutely Legal
20
Oct
Animals photography is one of the most simple kinds of photography (at least beginner photographers think that there’s nothing but waiting and flicking). You don’t need to ask models to turn their heads to the right, to explain them how to strike poses for the camera. Animals don’t care about you – they just lay, jump and stare. That’s a Continue Reading
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