Archive for category In The News

Readers Beware, Lawyers Are Not Judges

The photo website, Petapixel, recently ran an article on a photo that was allegedly copied by a pharmaceutical company in Germany. The usual cesspool of bad information and tribal wisdom was sprinkled in the comments section. Petapixel to their credit ran a follow up piece, written by a lawyer. A lawyer in Memphis, whose trial […]

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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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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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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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Infringers Feeling Their Feet Getting Warm

Readers of our columns and attendees at our seminars well know that A) theft of copyrighted images is rampant and B) you can do something about it. The effects of thousands of successful claims and lawsuits brought by photographers and illustrators against record companies, newspapers, magazines, websites, blogs etc., is having the deterrent value we predicted. […]

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Copyright Small Claims Court

A reader asked us about our thoughts regarding a “small claims court” for copyright actions. Alan Zarenelli, asked this question in our blog’s comments. “Howdy – The PPA is pushing hard to have copyright cases heard in small claims court (http://www.ppa.com/ppa-today-blog/copyright/why-do-we-need-copyright-small.php). What do you think of this approach?” We think the reply is worth an […]

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A Reader’s Question On A Claim of Copying

A reader of this blog, Gary Schubert posed a really good question in our comments section. It is one that we feel is a bit too complex for a short answer there, hence this piece. He asked why celebrity photographer Tyler Shields can get away with the often alleged copying of the work of others. […]

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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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