Quick Links – Legal Issues that Affect Photographers

Wolf Pup Portrait
  • Check out attorney/photographer Samuel Lewis‘ important article on “Get It In Writing” in this month’s Digital Photo Pro.  To compare, see what happened when deals were being made for the “Precious” movie, as explained by the Property Intangible blog.
  • The Consumerist reports Walmart would not print some photos of a dead relative for a funeral.  This likely is due to concerns over copyright infringement, since copyright owners and groups such as the PPA have filed suits and made claims against retailers.
  • Wired.com explains how copyright owners’ termination rights may disrupt music and publishing industries.  Check my June 15, 2006, blog for more info.
  • Discarted.com asks readers to voice their concerns about the sheriffs who detained a photographer for taking photos in the Los Angeles Metro System.  The incident was recorded and is astonishing.
  • Creative Commons recently published the results of “A Study of How the Online Population Understands “’Noncommercial Use.’” The primary objectives of the study were two-fold:
  • to survey variations in the general online population’s understanding of the terms “commercial use” and “noncommercial use,” when used in the context of the wide variety of copyrighted works and content made available on the Internet; and
  • to provide information and analysis that would be useful to Creative Commons and to others in understanding the points of connection and potential disconnection between creators and users of works licensed under Creative Commons noncommercial, or “NC,” licenses or other public copyright licenses prohibiting commercial use.
  • Of note, the study found that “both creators and users generally consider uses that earn users money or involve online advertising to be commercial, while uses by organizations, by individuals, or for charitable purposes are less commercial but not decidedly noncommercial.”
  • Examiner.com is sponsoring a photo contest with appropriate terms [hooray!]:

    Although entrants will retain ownership of copyright in the photographs submitted, each entry form and the copies of photographs submitted therewith (collectively the “Submissions”), become the property of CDG, and will not be acknowledged or returned. Each entrant hereby grants to CDG, its parent, subsidiaries and related entities, and each of their successors and assigns, the perpetual, irrevocable, worldwide and fully-transferable right (but not obligation) and license, without any notification to or approval of entrant, to reproduce, distribute, modify, display, make derivative works of, and otherwise use entrant’s Submissions (or any part thereof) in any manner or media whether now or hereafter existing for promotional purposes in connection with the Contest, including reference thereto or promotion thereof ,or in connection with the business of CDG or its related entities when referencing the Contest or other contests or promotions or marketing of the foregoing in any manner, without payment or other consideration to or consent of entrant or any third party including without limitation featuring the photographs contained in the Submissions on the Examiner.com and NowPublic.com websites and other media properties. The foregoing license does not include the right to sell or exploit any Submission for commercial purposes other than as expressly set forth herein. CDG shall have no obligation to maintain any of the Submissions, or any information or ideas contained therein, as confidential or proprietary. CDG reserves to right to edit, modify, or abridge any Submissions for any reason prior to use.

  • Noli Novak shows how her portrait of Obama for the Wall Street Journal has been used by Jose Maria Cano.
  • Here’s another concern about posting photos on Facebook: your friends can use Hotprints.com to create a photo book of your photos.hotprints

Thanks to Ryan McGinnis, Howard Kier, Kenneth Salstrom, Walter Rowe, and Dave Trayers for submitting these topics.

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