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Posts Tagged ‘Settle’

PETA and David Slater settle copyright lawsuit over monkey selfie

14 Sep
Photo: David Slater

PETA has announced that it has settled its copyright lawsuit against photographer David Slater over his iconic “monkey selfie,” a self-portrait allegedly taken by a macaque named Naruto. The image went viral a few years ago, ultimately catching the attention of PETA, who argued that Naruto—not Slater—was the image’s legal copyright holder. This spurred a lawsuit that has dragged on for about two years.

The legal issues began shortly after the monkey selfie went viral. Various sites used the image without Slater’s permission and refused to cease use on the claim that Slater didn’t own the copyright. The U.S. Copyright Office didn’t prove helpful in the matter, having issued an official guidance stating that copyright could only be granted to a work that was created by a human.

PETA swooped in soon after, hitting Slater with a lawsuit in 2015 on behalf of Naruto, the macaque it claimed captured the photo (there’s some debate on this topic). The resulting legal spat drained Slater financially, but things began looking up this past summer when courts questioned whether PETA even had the legal standing to bring a lawsuit on Naruto’s behalf, among other things. As anticipated, the courts’ push against the lawsuit has seemingly spurred a settlement.

According to an announcement posted to PETA’s blog on Tuesday, Slater has agreed to settlement terms that require him to donate 25% of future revenue from the image to charities that protect macaques like Naruto. PETA still maintains that Naruto and other macaques like him are, “worthy of having legal ownership of their own intellectual property and holding other rights as members of the legal community.”

The settlement was not a victory for the photography community, however. NPR reports that both Slater’s legal team and PETA have jointly requested that the 9th Circuit Court throw out a ruling made by a lower court that found animals incapable of owning copyrights.

Articles: Digital Photography Review (dpreview.com)

 
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B&H Photo will pay $3.2 million to settle federal discrimination case

17 Aug

B&H Foto & Electronics Corp., the company behind retail site B&H Photo, has agreed to pay $ 3,220,000 to settle a federal discrimination case, according to the U.S. Department of Labor. This follows a lawsuit filed by the Department of Labor against B&H Foto & Electronics Corp. in February 2016, in which the department alleged that B&H was engaging in discrimination against multiple groups, as well as harassment of workers.

According to the lawsuit filed by the DoL, B&H Foto ‘systematically discriminated’ against Asian, black, and female jobseekers, instead hiring only male Hispanic workers in its entry-level positions. The individuals it did hire were then paid much less than other employees in similar positions, according to the Department of Labor, and weren’t promoted into higher positions within the company.

The Labor Department’s lawsuit also claimed that B&H Foto subjected its hired workers to harassment on a routine basis, and that it gave them ‘unequal access to restroom facilities.’ Employees complained to the company about these problems, but the lawsuit states that B&H Foto failed to correct them. As a result, the company will pay $ 3.2 million as both monetary relief and back wages to more than 1,300 individuals.

In addition to paying the fee, B&H Foto has agreed to annually train its managers on workplace harassment prevention and equal opportunity principles, and to hire a consultant to fix the negative conduct and practices at its warehouses. Though the lawsuit concerns discriminatory practices at its Brooklyn Navy Yard warehouse, the consultant will also work to ensure the problems don’t arise at B&H’s future Florence, New Jersey warehouse.

Articles: Digital Photography Review (dpreview.com)

 
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Manfrotto and Benro settle 90 degree center column dispute

18 Aug

Tripod manufacturers Manfrotto and Benro have settled their patent dispute after Mamiya America Corporation (MAC Group) agreed not to market its GoClassic and GoTravel series of tripods in the USA. The battle between the two brands began when Benro began selling tripods that allow the center column to be lifted out of the collar and held at 90° to facilitate shooting directly downwards, an idea that Manfrotto claims is protected under a collection of patents it filed in December 2000.

Manfrotto said that the Benro design copied its own for ‘tripod camera supports wherein the column can be housed alternatively and removably either in a seat coaxial with the principal axis or in a second seat perpendicular to the principal axis’ that was first introduced in the Manfrotto Q90 range. Defendants MAC Group denied their products infringed Manfrotto’s protected designs and claimed that Manfrotto’s patent itself is invalid.

The case was resolved when Benro agreed not to sell the offending products in the USA, though Manfrotto has not agreed that this means Benro hasn’t infringed its rights. In the complaint Manfrotto claimed that MAC Group had achieved a great deal of success with its copied designs which had harmed Manfrotto’s income and market share. The company also accused MAC Group of poaching its employees, and demanded compensation not only for the infringement but also ‘treble damages’ as the Benro continued on its course even after Manfrotto filed its complaint.

For more information read the complaint and see Manfrotto’s original patent.

Press release:

Manfrotto Resolves Patent Infringement Lawsuit with MAC Group and Benro

Upper Saddle River, N.J. (August 16, 2016) – Manfrotto Distribution Inc., Lino Manfrotto +Co S.p.A., Mamiya America Corporation (MAC Group), and Benro Precision Industrial Co., Ltd. (“Benro”), announced today that they have resolved Manfrotto’s patent infringement lawsuit which has been pending in the United States District Court for the District of New Jersey. Manfrotto and Lino Manfrotto had sued MAC Group and Benro contending that Benro’s GoClassic and GoTravel lines of tripods infringe Manfrotto’s U.S. Patent No. 6,164,843, for a photographic tripod providing support in various axes. MAC Group and Benro had denied that their products infringe and also contend that the patent was itself invalid.

Manfrotto is dismissing the litigation with prejudice and Benro and MAC Group have agreed not to import or sell the accused product in the United States until the expiration of the ’843 patent on November 12, 2018. The terms of the settlement are otherwise confidential.

Manfrotto Distribution Inc., and Lino Manfrotto +Co S.p.A., are Italian manufacturers of photographic equipment. Benro Precision Industrial Inc. is a Chinese-based manufacturer of photographic equipment. MAC Group is a New York-based distributor of photographic equipment.

Articles: Digital Photography Review (dpreview.com)

 
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