Archive for category Legal Things

Avoiding Grief, Aggravation and Litigation

One of the areas we get asked about the most concerns model releases. As a reminder to readers, model release laws are not national, but rather are specific to each state are usually referred to as “right of publicity”, “right of privacy” or mash up of both. Whatever they are called they cover the unauthorized […]

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Expert Witnesses – Part Two

In selecting an expert witness experienced trial attorneys employ a veritable or actual list of factors to consider.  While the fees that an expert charges may be the foremost thought in the client’s head, it is almost never at the forefront of the litigator’s checklist. The quality more valuable than any other is that of credibility. Such […]

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Our Expert Opinion on Expert Witnesses

There are many online “experts” these days, whose only qualification is a keyboard and an Internet connection. But go to trial, into court and “Expert Witnesses” are serious assets who can be critical to winning or losing a case. One of the most commonly misunderstood legal terms is that of “Expert Witness”.  Most non-lawyers – […]

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Images On The Internet Now “Fair Use”? – It Ain’t Necessarily So

Journalists who have covered wars are well aware of the cliche’ “First reports are always wrong”.  Porgy and Bess put it this way, “It ain’t necessarily so.” Those two old sayings recently came to mind when we read the court decision that was recently headlined and clickbaited in various ways as “Photos on the Internet are […]

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Latest B&H Presentation Is On YouTube

Well, we were at it again, and here’s the video proof. If you missed our last B&H session and you if you want to know the new changes in registering your copyright at the Copyright Office, check us out at: https://www.youtube.com/watch?v=6QC_cuq0b6w We cover a lot as usual, such as the new eCO registration screens for […]

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Fool’s Gold – Part 2

And so, the story continues. 4. Does Their Pitch Make Sense? “You keep using that word, I do not think It means what you think it means”.  – says Inigo Montoya (Mandy Patinkin) from the classic film, “The Princess Bride”. It is an invaluable phrase to call out someone’s incorrect use of a word, phrase or concept. Use of […]

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What!!?? Lawyer Ads Can Be Misleading!

Masters of the art of deception include magicians, real estate sales people, advertising executives and of course, attorneys.  Ironically, photographers, models and illustrators who work regularly with ad agencies, are often and easily deceived by advertising! One would think that the experience of interacting with Madison Avenue ad men would be an excellent teacher. Wrong. The […]

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Trolls Who Live Under Bridges Upset By Judge’s Comparison

Here’s an example of why even Ed is not a fan of lawyers in general.  You’ll never find him having a beer with an adversary either. In a copyright infringement case brought in the Federal Court in Manhattan – formally The United States District Court for The Southern District of New York, entitled Matthew McDermott […]

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Court Decision On Embedding Images

What follows is our attempt to explain – in plain English – the facts and possible consequences of a case which has received a tremendous amount of attention in the photo, advertising, social media and publishing communities.  We believe that the interest generated by this well-publicized decision is likely disproportionate to the effects, in any, […]

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The Buck Finally Stops, With A Cherry on Top, Yay!

Sorry for mixing bad idioms in the title, but we’re over the moon with a final decision on Andrew Paul Leonard’s lawsuit. We have done three articles on his 1.6 million dollar award for actual damages (only) in a copyright infringement case.  The links are at the end of this article if you wish to review […]

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