The almost reflexive cry of “fair use” is often employed upon receipt of a claim of copyright infringement. The response has the benefits of being short and sounding definitive. As we have frequently stated, most often the defense does not apply in the overwhelming majority of copyright infringement cases. The following case is not a […]
Archive for category In The News
One Size Does Not Fit All
Aug 13
We have both been getting questions from photographers looking for a one-size fit all answer to questions. Many people quote a specific case to support their flawed business practice or disregard of the law. We have always tried to emphasize that many examples and many situations are very much case dependent, meaning the answers are […]
Here’s a fun project that even photographers can now afford. Take a standard US Lincoln penny (like we said, photographers could afford this project) and flip it in the air 100 times. Statistically, it will average out about 50/50 with the penny landing almost evenly between heads and tails of the coin. Now take the […]
Or any other time of day or night for that matter. For those that don’t know, our headline was something repeated every night in New York City, before the 10 O’Clock News. Except they asked “Do you know where your children are?” Anyone who reads a newspaper or owns a television knows that there is […]
As many of you know, the Second Circuit Court of Appeals has reversed in part and remanded in part, the decision made by Judge Batts in the case of Patrick Cariou v. Richard Prince. Many lawyers have commented on the Court’s ruling but unfortunately many laypeople with no legal background, have chimed in to muddy the waters. We […]
Recently Coach (handbags) was awarded 44 million dollars by the Federal Court in Manhattan. The involved counterfeit goods. The story has received huge publicity on both sides of the Atlantic. Judge McMahon wrote an articulate stinging decision granting summary judgment (a win without the need of a trial) to Coach along with an eye popping […]
It Ain’t Necessarily So
Apr 15
We’ve written and lectured a lot on the subject of factoids. This is one that always sounds great, millions of real dollars coming your way. And it’s not from a long lost relative in Nigeria, but rather a real judge in a real courtroom talking real money. But scratch the surface and you find out, […]
The famed bank robber Willie Sutton was asked why he robbed banks? He is oft quoted as answering, “Because that’s where the money is“. Simple enough, but profound enough that in the medical industry it’s known as “Sutton’s Law”. It states that when diagnosing, one should first consider the obvious. Easy enough, but many photographers simply […]
We just got back from taping a new Kelby Training video in front of a great audience along with fantastic moderator Mia McCormick. We cover a lot of territory, including copyright and a bunch on Social Media and their various TOSs. It was a ton of fun to do. They tell us the video will […]
Judge Batts, who ruled in favor of photographer Patrick Cariou in his case against Richard Prince, has just ruled in favor of photographer William Eggleston in his case. Read about it here. Mr. Eggleston was sued by a collector, Jonathan Sobel, who objected to the release of a new edition of Eggleston’s work done digitally […]
