RSS
 

Posts Tagged ‘lawsuit’

Wedding photographer awarded $1.08M in defamation lawsuit against bride and groom

02 Aug

Photographers are cheering the end of a marathon lawsuit today, a case that pinned beleaguered wedding photographer Andrea Polito against blogger Neely Moldovan and her husband, who set out to destroy her career after a minor disagreement over their wedding photos.

The whole dispute began over a $ 125 photo album cover that the couple didn’t want to pay for.

Polito had photographed the couple’s wedding in October of 2014, and when Moldovan followed up a few weeks later to ask about the photos, the photographer reminded her that the photos wouldn’t be released until the album was completed. According to the contract they had signed, the Moldovans would have to submit an order form and select a cover photo.

The couple balked, and Polito sent an email saying she would absorb the cost of the album cover to keep them happy. Two days later, she learned that the Moldovans had contacted several local news stations, claiming she was “holding their photos hostage.” In just a few days, this narrative went viral and essentially destroyed Polito’s 13-year-old business. What’s more, the couple gloated about their success online, liked defamatory statements on Yelp and more.

Polito filed a defamation suit against the couple in April of 2015, and on Friday a jury found in Polito’s favor, ordering the Moldovans to pay $ 1.08 million in damages for the “defamatory, disparaging and malicious statements” they made. Polito’s attorney, Dave Wishnew, took to Facebook to celebrate the verdict:

“Freedem of speech does not mean freedom from consequences,” writes Wishnew. “There are real world consequences for maliciously attacking a business online with venom and lies.”

For Polito’s part, she’s relieved, if exhausted:

“I’m emotionally exhausted. This has been a very long battle,” she tells the Dallas Morning News. “Last Friday when the verdict was read I felt a little bit relieved, but most importantly I feel my reputation was restored to myself. What’s been so hard the past couple of years has been feeling so ashamed of this story.”

The case might not be over yet—as the Moldovans can still appeal the ruling—but this is a big win for photographers everywhere. In the Internet age, when a viral news story can destroy a 13-year career overnight, it’s nice to know that justice is still an attainable goal… even if it does take two and a half years to get there.

Articles: Digital Photography Review (dpreview.com)

 
Comments Off on Wedding photographer awarded $1.08M in defamation lawsuit against bride and groom

Posted in Uncategorized

 

Lawsuit ruling sends clear message: Register your photo copyrights ASAP

02 Aug

Though copyright is automatically granted to creators for their created works in the United States, the option remains to officially (and voluntarily) register those copyrights with the U.S. Copyright Office. As detailed on Copyright.gov, this registration bestows certain benefits and may, in certain circumstances, be necessary: “Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin.”

A recent U.S. lawsuit involving infringement may set a precedent regarding whether a copyrighted work is considered registered for the purposes of an infringement suit if the registration application is still pending.

The matter revolves around a lawsuit filed by photojournalist Matilde Gattoni against clothing retailer Tibi over its unauthorized use of her photo. According to the lawsuit, Gattoni posted one of her own photos on her Instagram; this image was taken in Morocco and her copyright registration was still pending in the U.S. Though the Instagram post included a copyright notice, the lawsuit claims Tibi cropped the image, posted the cropped portion on its own Instagram, and included only a link to Gattoni’s Instagram sans copyright info.

The lawsuit aimed to hit Tibi for both a DMCA violation and copyright infringement, seeking between $ 2,500 and $ 25,000 for the alleged DMCA violation and up to $ 150,000 in damages for the copyright infringement.

However, things didn’t quite go as Gattoni had hoped. U.S. District Court Judge Robert W. Sweet has ruled that while the case can proceed with the DMCA claim, it must do so without the copyright infringement claim due to the copyright registration’s ‘pending’ status. Discussing this matter in particular, the court stated:

Because Gattoni has alleged only that the registration for the allegedly infringed film is pending, and because no application has been made by Gattoni to amend the Complaint if and when the Photograph became registered, Gattoni has not properly pled the pre-requisite element of a copyright infringement claim.

While some courts have accepted pending copyright registration as suitable for meeting the infringement lawsuit prerequisites, others—such as this one—have chosen to accept only a complete registration as acceptable. According to Lexology, Second Circuit federal courts have sided with the completed registration interpretation of the requirements.

Photographs can register their image copyrights with the U.S. Copyright Office through its online eCO system. Details on how to register photo copyrights in particular are offered here.

Articles: Digital Photography Review (dpreview.com)

 
Comments Off on Lawsuit ruling sends clear message: Register your photo copyrights ASAP

Posted in Uncategorized

 

Richard Prince must face lawsuit over image theft, judge rules

28 Jul

Controversial artist Richard Prince must face a lawsuit over his unauthorized use of photographer Donald Graham’s photo ‘Rastafarian Smoking a Joint,’ a federal judge has ruled. The ruling concerns a 2015 lawsuit Graham filed against Prince after he failed to heed a cease and desist order. Prince and Larry Gagosian, owner of the Gagosian Gallery where the pilfered image and others were displayed, had claimed the work is ‘transformative’ in an effort to have the case dismissed.

Real Bongo Nyah man a real Congo Nyah ? repost @indigoochild

A post shared by Jay Kirton Kwame Ka Asante (@rastajay92) on

Though Prince has managed to escape past lawsuits unscathed, this latest one may prove different. Talking about the ‘transformative’ claims, U.S. District Judge Sidney H Stein stated, “The primary image in both works is the photograph itself. Prince has not materially altered the composition, presentation, scale, color palette and media originally used by Graham.”

Graham’s version of the image was acquired from another Instagram account where it was featured; he had it enlarged and printed with his own Instagram-style comment beneath the original user’s caption. The exhibit at Gagosian contained a total of 38 of these ‘borrowed’ images, including the Rastafarian photo cited in the lawsuit. The court’s ultimate ruling on the lawsuit could set a major precedent for fair use as it relates to Instagram images.

Via: New York Times

Articles: Digital Photography Review (dpreview.com)

 
Comments Off on Richard Prince must face lawsuit over image theft, judge rules

Posted in Uncategorized

 

Photojournalist Mannie Garcia awarded $45k settlement in police lawsuit

10 Mar

Back in June 2011, photojournalist Mannie Garcia was arrested by Montgomery County police while filming officers on a public street. He was charged with disorderly conduct, but the charge was dropped sixth month later. The following summer, Garcia filed a lawsuit against the police department alleging civil rights violations and abuse by the officers, among other things. The photographer is now being awarded a $ 45,000 settlement.

In the lawsuit, Garcia claimed his arrest was unlawful, and that the Montgomery County police officers violated his 1st, 4th, 8th, and 14th amendment rights. The lawsuit had sought $ 500,000 in damages, and posed the question of whether the public has the right to record police activities in public places.

Speaking about the settlement, Garcia recently said to the NPPA, ‘I’m extremely relieved that it’s come to fruition after five and a half years. I think this lawsuit has given attention to the fact that police departments need to pay attention in regards to an individuals’ rights.’ 

Via: National Press Photographers Association

Articles: Digital Photography Review (dpreview.com)

 
Comments Off on Photojournalist Mannie Garcia awarded $45k settlement in police lawsuit

Posted in Uncategorized

 

Art Exhibitionism: Neighbors Threaten Lawsuit Over Museum Voyeurs

15 Sep

[ By WebUrbanist in Destinations & Sights & Travel. ]

room-with-a-view-644x460

Visitors to the new panoramic rooftop deck of the Tate Modern are being told not to take pictures … and not just of artwork on display inside the galleries: voyeuristic snapshots inside neighboring apartments are now off-limits as well.

The neighborhood Neo Bankside apartments have threatened to sue the institution over this addition, an extension to the Tate designed by Herzog & de Meuron that opened earlier this summer. The problem: people are shooting zoomed-in photographs from the viewing platform then posting them online, exposing living rooms and bedrooms behind floor-to-ceiling and wall-to-wall glass facades.

tate extension

London politician Adele Morris calls it a “tricky situation” and notes that “residents were very distressed to suddenly discover they had no privacy at all in their homes. Nobody had anticipated that people would literally be hanging over the balcony and taking photographs of their rooms and then posting them on the internet.”

Architectural responsibility aside, solutions have been proposed to the situation. For the Tate, ideas like closing the deck or installing a screen of plants on it have been considered. On the Neo side, a film could be applied to the glass to deflect gawkers.

tate photo copy

One resident described the experience as “terribly intrusive” and said “I bought this apartment because of the view but now I have to keep my blinds down whenever the platform is open, otherwise you get people waving at you.If I had known what it would be like, I would never have bought a flat here. Now I think I would struggle to sell it.”

tate viewing platform

Of course, there is arguably a ‘buyer beware’ component to this fiasco – living in an urban condo with extensive glass (particularly in a vertically-growing city like London) means making certain concessions to privacy. Those who live in glass houses may need to be aware of the risks they are taking – having a room with a view means that people can probably view you, too. Meanwhile, the Tate defends the design.

tate privacy

“The viewing level is an intrinsic part of the free public offer of the new building, providing a 360-degree experience that is virtually unique to London,” said representatives of the museum in a statement. Realistically, if someone can sue over viewers in this case and place, it also opens the door to lawsuits between basically any set of urban buildings.

“Since the very first plans were drawn up in 2006 we have been through an extensive consultation and planning process, and have maintained an ongoing dialogue with local residents. At no point during this process were any concerns raised regarding the viewing platform. There is signage encouraging the public and visitors to use it respectfully and responsibly” (Instagram images by refik, ellarog and karen_1605).

Panoramic Rainbow: Circular Space Spans Color Spectrum

Rainbows on the horizon are impossible to approach, let alone pass through – they flicker and fade like phantoms, except in the case of this iconic space.

Your Rainbow Panorama by Olafur …

Living Staircase: Spiral Stairs Wrapped in Organic Greenery

Boldly curved and cantilevered into midair, these plant-wrapped stairs are designed to provide more than just a means of moving from one floor to another.

Stepping onto them takes …

A Room for London: Fanciful Rooftop Boat & Windmill Hotel

In summer 2012, when the Olympic Games come to London, lucky travelers will experience the bustle of the city from a boat-like temporary hotel perched atop the Queen Elizabeth Hall at the …

Share on Facebook



[ By WebUrbanist in Destinations & Sights & Travel. ]

[ WebUrbanist | Archives | Galleries | Privacy | TOS ]


WebUrbanist

 
Comments Off on Art Exhibitionism: Neighbors Threaten Lawsuit Over Museum Voyeurs

Posted in Creativity

 

Getty Images asks court to throw out $1B lawsuit

14 Sep

Getty Images has responded to the $ 1 billion lawsuit filed against it by photographer Carol Highsmith, arguing that she can no longer make copyright claims about the photos because they have been entered into the public domain. According to reports from the AP, the company further argues that it has done nothing wrong by offering licenses of the images because ‘public domain works are routinely commercialized…’ Getty points toward Shakespeare plays and Dickens novels sold by publishers as examples.

The issue revolves around the lawsuit filed in late July alleging that a Getty subsidiary has been issuing notices that demand licensing fees for Highsmith’s images. Those notices are at odds with the public domain status of the works and, according to the lawsuit, have caused damage to Highsmith’s reputation. Highsmith’s lawsuit also alleges that Getty and its subsidiaries falsely represented themselves as the copyright owners, which Highsmith’s lawyers argue violates provisions of the Digital Millennium Copyright Act.

In its response to the lawsuit’s DMCA claims, Getty says it has committed no such violations, because doing so would have required ‘intent to induce, enable, facilitate, or conceal infringement.’ Because the photos are in the public domain, Getty argues that it ‘could not have acted with the requisite intent or knowledge of infringement.’

Ultimately, Getty has asked the court to dismiss Highsmith’s lawsuit against it, also stating that it has not violated the state laws alleged in the lawsuit and that other other legal claims are unfounded. 

Articles: Digital Photography Review (dpreview.com)

 
Comments Off on Getty Images asks court to throw out $1B lawsuit

Posted in Uncategorized

 

Getty Images says $1 billion lawsuit is based on ‘misconceptions’

02 Aug

On July 25, photographer Carol M. Highsmith filed a lawsuit against Getty Images seeking $ 1 billion in damages over the company’s alleged infringement of her photo copyrights. The lawsuit names both Getty Images and distributor Alamy, claiming both have been charging licensing fees for the use of photos she provided to the Library of Congress for public use. The suit also names LCS, which it claims is owned by or operated under common control with Getty. In a response to the lawsuit, Getty said, ‘We believe it is based on a number of misconceptions.’

In its statement, Getty Images distances itself from the copyright infringement claim, stating that LCS was acting on behalf of Alamy.

The content in question has been part of the public domain for many years. It is standard practice for image libraries to distribute and provide access to public domain content, and it is important to note that distributing and providing access to public domain content is different to asserting copyright ownership of it.

LCS works on behalf of content creators and distributors to protect them against the unauthorized use of their work. In this instance, LCS pursued an infringement on behalf of its customer, Alamy. Any enquiries regarding that matter should be directed to Alamy; however, as soon as the plaintiff contacted LCS, LCS acted swiftly to cease its pursuit with respect to the image provided by Alamy and notified Alamy it would not pursue this content.

The company also said that, assuming it can’t ‘rectify’ the situation with Highsmith, ‘we will defend ourselves vigorously.’

Via: Getty Images

Articles: Digital Photography Review (dpreview.com)

 
Comments Off on Getty Images says $1 billion lawsuit is based on ‘misconceptions’

Posted in Uncategorized

 
Newer Entries »