This is in response to a question posed privately and it’s a question that is asked often. Copyright protection arises automatically when an “original work of authorship” is “fixed in a tangible medium of expression”. A work is “original” in the copyright sense if it owes its origin to the author. So a photograph of [...]
We have written and lectured frequently on the importance of registering everything because you never know what might be infringed or by whom or even how. We have emphasized that while most attention is incorrectly focused on web infringements, cases which involve packaging, point of purchase, billboards and other media are generally more egregious. Sometimes [...]
More Myths That Will Not Die
Jul 22
Currently playing on a computer screen near you are these two myths. The first one is as old as we are, the second is fairly new and for the life of us we can’t figure out its genesis.
Myth 1 – You don’t necessarily have to sue in Federal Court for copyright infringement. WRONG, you do.
Original [...]
Trust…..But Always Verify
Jul 15
This is a story of why we always say you have to verify your copyright registration, if anyone else says verbally or contractually that they are doing it for you. Ed received a request for assistance from another lawyer who (unlike Ed) was “shocked that such a thing could happen”. Seems that the lawyer’s client, [...]
There are many confusing copyright items on the Internet these days. Some offer to “help” photographers, like the Creative Commons (CC). Our plain English interpretation of which can be simplified as: take your copyright, let anyone use the work, and maybe we will magnanimously give you pennies in return. They keep the dollars, if any.
They [...]
Where in the World……
Jul 1
A photographer based in Italy with their spouse, asked this question: “Does registration protect me if I’m in Italy and have a copyright violation?”
A lot of what the answer is has to do on where you want to sue, in the US or in Italy. We can only tell you what US law is, [...]
A Collar of Pain
Jun 17
Most photographers, artists, and other creative people are…well…creative. They depend on their agents and representatives in the commercial, fine art, and other areas to deal with those sticky negotiating and icky money things.
Recently Ed testified as an expert witness at a hearing. The issue in dispute was the severance provision contained in the written (now [...]
Gonna Write me a Letter
Jun 11
So, this wedding photographer hires a second photographer to assist and help photograph a wedding. Lots of things happen very fast at a wedding and you only get one shot at it. Having another photographer there is a huge help and frankly, smart business at a time when professionals have to separate themselves from “Uncle [...]
If you are a professional photographer who does editorial work the odds are very high that you spend most days doing something other than “being on assignment”.
If you are, or more likely were a professional photojournalist and for some reason still believe you can support yourself try this: click on CNN.com. There you will see [...]
See ya in Las Vegas!
May 30
Catch both of us, Jack and Ed, in Ed’s favorite US City – Las Vegas!
This coming September 2010 at Photoshop World. We’ll be playing the big room and the lounge on September 2nd and 3rd. The Conference starts on the 1st.
We’ll be doing a session called “The Copyright Zone” and another on “Model Releases” in [...]
