Archive for category In The News

Stay Out Of My Territory – Walter White’s Pizza

Model releases have taken up a lot of real estate, a lot of ink, in our lectures and writings. Location releases, not so much. Many people think they are not needed, as the consent is “obvious” and/or “assumed”. We’re not going to go into that chestnut about the word, assume.  Some think that those who […]

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Our TWiP Behind the Shot Podcast

See our latest podcast with the wonderful Steve Brazill at This Week in Photography (TWiP)’s Behind the Shot (BtS). We had a great time and as per the podcast title, we gave it our best shot. And Steve actually got a word in edgewise once in a while. We wouldn’t let THAT happen again. We […]

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Comment on Large Judgement

Hi all,  I just posted a comment on Petapixel on their thread regarding the recent $900,000 award won by a company named “Stepables”. I thought my comment might be of interest to you folks reading our blog. You can read about the case here on Petapixels and here on PDN. Below are my comments that […]

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Not A Comic Con Case

Many of you (meaning those of you that attend Comic-Con) may have seen an article about regarding a copyright case brought against Marvel today regarding its design of the Ironman costume.  See links to articles in the New York Post here and Deadline Hollywood here. Ed’s office served as New York counsel to the plaintiffs […]

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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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