False Prophets and Lost Profits

The bible warns, “beware false prophets”. As we like to rephrase it, beware some lawyers as false prophets, as they will diminish your profits. Our story starts with Ed suing a stock agency on behalf of a photographer who claimed that he/she had not been paid nor received royalty statements. (Something he has done too […]

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Implied Consent

It is an all too common scenario that we’ve seen and experienced over and over and over. Adjust to fit your own mileage. Photographer takes photos of minor or major celebrity. Sometimes the shoot is done for a magazine that hired the photographer and paid a licensing fee for usage. On other occasions the images are […]

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Where There’s a Will, There’s Way Happy Relatives

One of the biggest acts in the history of Motown was the Temptations, who 46 years ago famously sang: “Ball of confusion, Oh yeah, that’s what the world is today, Hey hey!” They were right on then and they’re right now. When Prince died without having a will people were truly shocked. That a man […]

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Two Million Dollars (With Interest) Confirmed

We have written about Andrew Paul Leonard’s 1.6 million dollar jury award for actual damages arising out the infringement of his images by a company known as Stemtech. See our prior article here.  Mr. Leonard is a client of Ed’s but this case was handled by counsel in Delaware. The Third Circuit Court of Appeals just […]

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Q&A Free Webinar Sept 15th

Back again, the two of us will take questions and come up with answers on an X-Rite webinar on Thursday September 15th at 12 noon (ET). The title is “COPYRIGHT: You Ask The Questions, We’ve Got The Answers Part II” These are always great sessions as we have no idea what questions come up and […]

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On Collecting

Some people collect stamps, others rare coins while many of us tend to assemble masses of Pez dispensers. When lawyers use the term “collecting” they are referring to a legal term – “enforcing a judgment”. The English translation of the term is “collecting the money that a court has determined is due his/her client”. Laypeople […]

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When Less Is More In Stock Photography

Warren Buffet once said: “We need a moderately-priced stock market… The market, like the Lord, helps those who help themselves. But, unlike the Lord, the market does not forgive those who know not what they do.” While he was referring to stock exchanges and markets where company stocks, bonds and commodities are traded, his quote […]

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Don’t Fire Till You See The Whites of Their Eyes

How to fight is as important as knowing when to fight. Experienced litigators know when to pull the trigger and file a lawsuit. More importantly, they also know when to be patient and wait for the right moment to act if action becomes necessary. An attorney who is wise enough to assess and accept a legitimate case […]

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OOH NO!

Lawyers, parents and members of the clergy are understandably fond of saying, “Words have meaning”.  Sometimes they really don’t. But sometimes a single word can be worth a bucket of money, either entering or exiting your pocket. Photographers and most artists are visual people and looking at a bunch of words is like trying to […]

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The Highsmith vs Getty Saga Begins

Jerry Seinfield showed us that a TV show about nothing could be worth something, like more than 3 Billion (with a capital B) dollars. That’s the syndication revenue from 1995 to 2014 as referenced here. We now see a lawsuit, Carol M. Highsmith v. Getty Images (and others including Picscout which Getty owns) seeking one […]

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