Arbitration, Deflategate and You

Our past articles on the myths of arbitration resonates with us in the infamous NFL Deflategate case. We’ve always said that in most cases, photographers and artists would be better off in court, rather than go to arbitration. So here we go again. (You can read our previous articles here, here, and lastly, here) A […]

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Prince – A King of Intellectual Property Rights

Last week we lost not only a Prince, but also a King of intellectual property rights for artists. Many talk the talk, but few have walked the walk and fought the fight, as did Prince Rogers Nelson. Prince was renowned by many for his business acumen almost as much as for his musical talent. He […]

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Hip Hop Hop – Part 4 of 3

We are adding a 4th part to our 3-part article, as we received an e-mail doubting the authenticity of the practices of #2 in part 3. We were discussing how companies use social media, while hiding the fact that it’s them posting stuff. We wrote: “Companies make their own posts under a variety of methods […]

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Hip Hop Hop – Part 3

Now in the third and final installment of this 3 part series, we’ll demonstrate how musicians and their “people” use the basics of copyright law mixed with their intimate knowledge of how risk adverse photographers typically are, to attack photographers who have taken the offensive. In the real world when faced with the fire-power of a major or even […]

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The Hip Hop Hop – Part 2

The music industry likes to claim how valuable their copyrights are one day and then claim that your copyrights are worth next to nothing the next. They try Hip Hop one day and then Hop Hip the next. It’s the ole Hip Hop Hop. In this column we’ll discuss that great proverb, “turnaround is fair […]

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The Hip Hop Hop – Part 1

The story about how the record industry treats infringers and the lessons that photographers can learn from their efforts is so big, so good, we’re devoting 3 articles to it. The recording industry is under many of the same pressures as the photo biz. Movie studios actually make the same efforts but it’s harder to […]

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Hulkamania

The term “Hulkamania” is defined by the Urban Dictionary as: The strongest force in the universe. That definition has now taken on even more street cred with the decision in the Hulk Hogan case. And we present another 140 million new reasons to get written, signed model releases – especially in sensitive issue situations – always. […]

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Is #Foodporn Copyright Infringement?

Interesting question brought up in the National Law Review article here. It’s about the food porn people shoot and upload in restaurants all the time. And we mean ALL THE TIME. The article looks at the legalities of photographing a creative “sculpture” of food, a creative plating of food, or maybe a unique pasta shape. […]

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The Alleged Educational Fair Use Defense

An oft discussed and frequently misunderstood “defense” to copyright infringement is commonly referred to as the ‘educational use’ exception. There are few court decisions that are binding, where the use of a copyrighted work in what appears to be an educational piece but is really employed for the purpose of promoting a personal business or service did not qualify under the fair use exception even though Ed has had many of […]

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It’s All About Eyeballs

By now you may have seen some recent reports in the media regarding YouTube’s purported willingness to defend “some” of their users regarding claims of “fair use” involving (certain) uploaded material. YouTube will purportedly pay up to a million dollars in legal fees in some of these situations although the exact nature of this “coverage” is as yet, difficult to discern. Lest […]

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