Archive for category Paperwork

The Whole Magillah – Instagram’s Sub-License

There have been some issues lately that seems to get everyone’s drawers in a knot, above and beyond politics. For photographers it’s court cases that generate headlines, but don’t really tell the whole story. In some court cases the story changes 180 degrees and while the first iteration burns up social media sites, the second […]

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Vagueness is the Kingdom of the Devil

“Vagueness is the kingdom of the devil and it is as such on purpose.” … Lamine Pearlheart There is a Legal concept “Void for Vagueness” which means in plain English that if an average citizen can’t understand what is written, it’s unenforceable. Being vague or noncommittal is a very useful social skill. “I see…” or […]

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The Silent Gorilla In The Room Strikes

So along comes a court ruling that makes photographers more anxious than they already are in this lethal time of quarantines, face masks and businesses shut down. Federal Court Judge Kimba Wood has issued a decision that has caused a large uptick in the consumption of adult beverages by photographers. Sinclair v Mashable Ziff Davis […]

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Truth In Advertising Now Your Concern

The great writer H.G. Wells is quoted as saying “Advertising is legalized lying.” That might have been true in the early 20th Century when Mr. Wells was alive, but today that sentiment can get you into a heap of legal and financial headaches. In a prior article we referenced the involvement of the Federal Trade […]

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Have You Heard The One About The Vase and The Photographer?

A photographer accidentally knocks over and breaks a client’s vase in their home. The homeowner screams, “That’s’ a 600 year old vase!” The photographer replies, “Thanks goodness for that! I thought it was a new one.” While most people think of photography as a “glamour” business, most of the aspects of running a photography business […]

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Supreme Court Ruling on Two Copyright Issues

The Supreme Court of the United States (SCOTUS)  just issued two decisions, both by 9 -0 votes directly affecting the rights and legal remedies available to copyright owners who choose to protect their work either defensively or by bringing an action for money damages for infringement. As we have written, lectured, screamed and cajoled for decades, […]

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PG to X to XXX Rated Photography

Using our powers of mentalism we know exactly what you are thinking at this moment – “What does this topic have to do with me? I don’t shoot or appear in that kind of stuff”. Now, now don’t get ahead of your skis grasshopper. The laws regarding risqué, controversial, or even sexual or simply implied […]

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Big Mistakes Into Small Opportunities

The two of us love great quotes, like almost every quoted line in Young Frankenstein (what’s not to love). Here’s one by the great writer Henry James (1843 – 1916) that is not as famous as Igor’s “What hump?”, but probably more meaningful for this column – “She had an unequalled gift, usually pen in […]

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Remember Mom Droning On About Losing An Eye? A Drone Insurance Case

Nobody but nobody enjoys reading an insurance policy. Companies like GEICO know that and make effective commercials which rely on humor. Indeed famed actor Dennis Quaid is on a “mission to make insurance interesting” in his TV commercials for Esurance. Photographers and producers are no different than other people/businesses who pay for insurance coverage in that the odds […]

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What They Know and How They Know It

With the dramatic increase in substantial copyright litigation recoveries, the costs of intellectual property litigation and upon the often insistence of insurance companies that have to pay for infringements, more and more law firms are engaged in the practice of “Risk Management”. In lay terms this means that litigators are brought in to “teach” ad […]

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