Archive for category Legal Things

Soviet Style Negotiating

Ed, as a student of Russian history (really, he is) will be the first to tell you that a Soviet Style has nothing whatsoever to do with “politics” or your political orientation. Rather it is a style your adversary takes based on a somewhat traditional Russian approach that predates by many decades the current regime […]

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Catch Us at Photoshop World April 10th

The two of us will be doing our act live, and without a net, on April 10th at Photoshop World in Atlanta. We start at 8:15am and go until 10:30. Two back to back sessions. We will cover a bunch of new developments in the news. Can you say Getty? And as we always have […]

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Run, But You Can’t Hide Completely

There is a vast, underground market, which resides on the web and is based on infringing copyrights and selling counterfeit goods. Protecting your work against such thieves who have no brick and mortar address to call home nor even a “true” identity, is a difficult but hardly impossible task. Creators – and even some lawyers […]

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Where Do You Keep Your Brain?

“Haven’t I taught you anything? What have I always told you? Never trust anything that can think for itself if you can’t see where it keeps its brain?” The preceding quote is by J.K. Rowling from Harry Potter and the Chamber of Secrets. Interesting concept. For over three decades we have unfortunately regularly referenced cases […]

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Back To The Future – Again

As a follow up relating to our “Back to the Future” article, Ed recently took the deposition of an employee of a large consumer company which maintains a stock library of photographs used by/or submitted to it for potential use over the years. Various documents were needed by it of and concerning an image, containing […]

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This Churning Ain’t Butter

After reading a recent hot case being debated online this week, we noticed a photographer saying his legal costs to pursue his case would be $50,000. We’ll address that in another article, but we thought it would be good to inform about some of the costs of litigation. Auto mechanics, stockbrokers, builders, and countless other […]

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Pricing- Part II – Models and Exposures

Often times an ad agency will seek to obtain a license to use a photo (or a model’s image) and describe that intended usage as, “One year, consumer print advertising”.  That seems fine and dandy but if the model’s agent or the photographer has no clue as to what publications the client is intending to […]

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Pricing- Part 1- Newspaper/Magazine Use

Those who sell space in magazines and newspapers well know how to maximize the value of advertising in their products. It is their job to sell advertisers on the wisdom of buying space in their product, which we hope will include lots of your photographs. Unfortunately, photographers have traditionally failed to educate themselves on the nuances of […]

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Revenge By The Goose Can Be Revenge By The Gander

No topic we discuss attracts more attention than that of the need to obtain written, signed model releases. Broadly speaking, the need is motivated by the desire or need to employ the photographs in connection with the sale or promotion of any product, service, company or organization (whether a for profit enterprise or otherwise).  In […]

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Location Booby Prize

Here’s another high profile example of why we preach that obtaining property and location agreements is a wise practice. Photographer Allen Henson has been working on a photo project featuring topless women in public places. The New York Daily News and countless other media outlets have covered his exploits for obvious reasons – puns intended. On […]

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