Archive for category Be Aware

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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Both Flirting And Dancing With Danger

So how’s this for irony? April is Copyright Awareness Month according to the April issue of PPA’s Professional Photographer Magazine. Terrific, photographers and artists need all the awareness and information about copyright they can get. Anything that spreads awareness of the truth is always positive. But something struck us as, well, a bit odd. The […]

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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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In Unity, There Better Be Paperwork

“Unity is strength… when there is teamwork and collaboration, wonderful things can be achieved.” That’s a quote by the late child writer and poet, Mattie Stepanek. Jack was fortunate to photograph the author years ago at Mattie’s home. It’s a great quote because it rings true. Partnerships and collaborations, especially in the arts, can produce wonderful […]

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Follow The Money

“When you know the truth it will drive you insane …” so said Aldous Huxley and who are we to argue with Huxley. Ask anyone involved in the creation, appropriation, infringement, adjudication, sales or licensing of intellectual property this simple question: “To what do you attribute the increased amount of stealing or infringing on the works […]

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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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Not A Lawyer, The RIGHT Lawyer

In our books and in this blog we have oft written about how to interview and hire an attorney, something we find photographers are clueless and scared to death about. Photographers are universally scared to talk to a lawyer, even when it’s one they need to represent them. We posted articles entitled “Lawyers Need Money […]

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Model And Model Behavior

As those of you who have read our book “The Copyright Zone” or seen our seminars on the subject of model releases well know, we strongly urge all photographers to get a signed, written model release all of the time, always if at all possible. We write for and speak to models (and model agencies) […]

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False Prophets and Lost Profits

The bible warns, “beware false prophets”. As we like to rephrase it, beware some lawyers as false prophets, as they will diminish your profits. Our story starts with Ed suing a stock agency on behalf of a photographer who claimed that he/she had not been paid nor received royalty statements. (Something he has done too […]

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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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