Category: Copyright

Imitation is the Sincerest Form of Infringement

Christopher Boffoli is a Seattle-based photographer who has been dealing with infringements for a while. He’s got a new claim and was kind enough to share his story. He explains: This is in reference to a series of images that I’ve been shooting since 2002 that I call Big Appetites.  The work features tiny figures photographed [...]

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Stopping the Innocent Infringement Defense

One of the first responses an infringer will have to a copyright infringement claim is that he didn’t know that he was infringing. He therefore will assert the “innocent infringement defense” under 17 USC 504(c)(2), which states in part: In a case where the infringer sustains the burden of proving, and the court finds, that such [...]

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100+ Year Old Wisdom

“It has been a generally accepted theory, but a false one, that infringement of copyright only takes place when copies are made for public sale or performance, and not when they are intended merely for personal use.” Musical News, vol. 8, pg. 314 (April 6, 1895).  HT: Terry Hart over at Copyhype.com.

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Q&A – When Your Photos Are Evidence

As a result of the recent unfortunate incident at the Reno Air Races, aviation photographers are wondering what are the laws and ethics for supplying images to the NTSB or other investigative body.  Larry Grace, Chairman of the International Society for Aviation Photography, recently contacted me to discuss the issues.  Our Q & A  is included [...]

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Q&A – What Year Should I Use for My Copyright Notice?

Q.  What date should I use for my copyright notice?  I took a photograph in 2007, filed my copyright registration for it in 2008, and published it in 2009.  Do you always post a copyright notice with the same year or do you change it to the current year?  Why do some people use continual [...]

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Shutterbug Magazine Interviews Three Attorneys on Copyright & Privacy Rights

Maria Piscopo of Shutterbug Magazine recently talked with three attorneys, including the Photo Attorney®, about copyright and privacy rights as they affect photographers.  The article is reprinted here with permission.

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Photographer’s Legal Guide Softback Now Reduced!

Frank Lehnerz was kind enough to recently send this unsolicited note: Dear Photo Attorney, I just purchased your book Photographer’s Legal Guide for my Kindle reader. I have to say the book, in addition to your website, is probably the single greatest source of information for photographer’s and the law on the internet. I have recommended [...]

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Texas Motor Speedway Wants Copyrights Of Photographers

A photographer seeking credentials to shoot at the Texas Motor Speedway reportedly was handed a harsh agreement to sign, which includes a transfer of copyrights to the photos taken there and restricts what the photographer can do with the photos.  It appears that the Speedway has joined other rights grabs in exchange for access. Specifically, [...]

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The NWP Interview with Photo Attorney

James Morrissey over at the Nature, Wildlife and Pet Photography Forum recently interviewed me on legal issues for photographers.  Check it out!

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Happy World Intellectual Property Day

The theme of World IP Day this year is “Designing the Future”.

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