A Dozen Links With News Affecting the Rights of Photographers

Red-Winged Blackbird on Bush
  1. PDN Pulse reports on the photo magazine that claims it is too busy to get a license from photographers to use their photos.
  2. The Federal Trade Commission has passed new regulations that will take effect on December 1, 2009, concerning the use of endorsements and testimonials in advertising. If you’re a blogger who reviews products, check them out because, among other things,  the rules require you to disclose your relationship with companies that pay you or supply you with products. CBS News has more on the subject.
  3. The Reporters Committee for Freedom of the Press reports that California has made it easier to sue media organizations that publish improperly obtained photographs.
  4. The Reporters Committee for Freedom of the Press also reports that a court ruled that a photographer has no First Amendment right to have access to an area that was not available to the public, even to get to a story.
  5. Attorney Evan Brown at the Internet Cases blog explains that a court will allow a woman’s lawsuit to proceed against her former boyfriend who photographed her in group sex activities.  She may continue with her claims for publication of private facts and intentional infliction of emotional distress but not for intrusion into seclusion because the plaintiff knew the boyfriend was taking the photos so the photos were properly obtained.
  6. The Kernochan Center for Law, Media and the Arts at Columbia Law School will host a public discussion of proposed legislation regarding use of “orphan works” on Tuesday, October 20, 2009.
  7. Check out the Manifesto about protecting your work offered by ASMPNY at www.dontscrewus.org.
  8. Fuji gets your copyright when you enter its Picture Perfect Halloween Photo Contest: “By entering, you irrevocably assign and transfer to Sponsors of all right, title and interest in the entry photo(s), including without limitation, all copyrights, without further consideration.”
  9. David Sanger has a thorough review of William Patry’s book, Moral Panics and Copyright Wars.
  10. Evite.com takes ownership of any submissions you make to its site:  “Without limiting the foregoing, we shall exclusively own, and you assign to us, all right, title and interest in and to the Submissions of every kind and nature throughout the universe and we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, in any form, medium or technology now known or later developed without compensation to the provider of the Submissions.”
  11. By posting to Visa’s Flickr Group, the rules provide that “you hereby grant to Visa and its affiliates, agents, licensees and assigns the irrevocable, non-exclusive, transferable, sublicenseable, worldwide, royalty-free, fully paid, right and license . . .  for any purpose, including, without limitation, commercial and advertising uses until December 31, 2009, without compensation or notice to, or approval from, you or any third party.”
  12. Thijs Heslenfeld tells how he found out his photograph won a Charlie award, but he didn’t enter it.

Thanks to Dave Trayers,  Rex Lisman, Alex Suarez, and Jenny Swanson for submitting these topics.

Check Photo Attorney on Lynda.com, in the Lynda.com Article Center, and on Twitter!