According to the good folks at Petapixel.com, the current Miss Universe faces hefty fines and a possible jail sentence for an unsanctioned photo shoot, shot at the Taj Mahal. Read their article here. Looks like they were promoting and/or advertising a shoe brand. Real Estate brokers are fond of stating that, “The first three rules […]
Archive for category Legal Things
To post or not to post? That is the question. This was going to be a comment in reply to Damian in our “comments” area, but we decided it really warrants its own article. Basically, the question is, “Just what rights do you give up in those social media Terms of Service (TOS) agreements”? To […]
Those of you who attended our recent seminar at PhotoShop World in Las Vegas on Model Releases may recall our example of using a person in an ad or article dealing with AIDS who did not provide written consent for such use. Notwithstanding that we have had similar cases, there were more than a few […]
It Still Ain’t Over
Sep 20
Stay with us here because in the end it’s eventually real important to your wallet. Recall our prior articles on the Cariou v. Prince legal battle, which centered on the issue of “fair use”. You can read our previous article titled “It Ain’t Over Till Its Over and This One Ain’t Over”, here. Recently the […]
Charity Should Start at Home
Sep 17
Yet again, we wouldn’t believe it, other than the fact we do believe it because it has happened before. Once more a photographer who apparently had his work infringed and thinks that having the infringer make a small charitable donation rather than pursue his rights in court is a good idea. Yeah, good (actually great) […]
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 […]
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 […]