Archive for category Copyright Registration

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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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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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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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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Paying it Forward

There is a great story about an accomplished photojournalist, Yunghi Kim donating $10,000 to set up 10 one-time grants for photographers.  You can read about it in this story on the Photoshelter blog, here. We present it here with a smile. Ms Kim is able to make a wonderful donation because she collected a sum of money by […]

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Our New B&H Video Is Up

Hi all, our brand new, hour and a half video, we did at B&H is up on their YouTube feed. A lot of new stuff for us, we think you’ll find interesting and enlightening. In any case, we had fun as usual. Here’s the link. Please let us know what you think.  

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That Ole Dog Still Hunts

Among all of the other benefits of registering your copyright, one of the practical reasons is that registration brings with it the legal presumption that you are the creator. The burden is thus placed on an infinger to disprove the validity of your registration. Typically this is very, very difficult. In other words, “very not easy”. […]

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The Sky is Not Falling

Much is being written, many hands are being wrung and even worse for Ed, hair is being pulled out in reaction to some form of an Orphan Works that may be proposed to the Congress. This is won’t be the first such proposal and maybe not the last. The very same hysteria was exhibited the […]

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