Archive for category Be Aware

Getting Their Ducks in a Row

In November a few thousand attorneys, licensing executives and IP personnel will gather in Chicago for three days of seminars on, “Mastering the Next Wave of Marketing Law”. Speakers from many of the numerous prestigious law firms located across this great land that typically represent media companies, publishers and companies that license intellectual property will […]

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He Who Hesitates Has Lost

A skeleton walks into a doctor’s office. Doctor says, “Now you come to see me”? Those of you who have attended our seminars know that we advise, urge, stress, cajole, beg and even plead with photographers and models who are owed money by clients to get thee to a lawyer ASAP. There is no good […]

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Woman Wrongly Depicted as HIV Positive in AD – Whoops

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 […]

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It Still Ain’t Over

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 […]

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Charity Should Start at Home

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) […]

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Creepy Crawler Gets Stepped On – Fair Use Fails

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 […]

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Doing It Again in Vegas

Hey all- Just a reminder that we are taking our act on the road again at Photoshop World. We have three fun filled, informative programs there. Copyright on Sept 4th. Model releases and “Survive and Thrive” on Friday Sept. 6th. Lots of new material. If you’re there, as always we will hang around and answer […]

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One Size Does Not Fit All

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 […]

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Two Sides of The Same Coin

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 […]

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Sign, Sign Everywhere a Sign

There was a “Top 40” song, years ago in the last century, called “Signs”. A Canadian group called The Five Man Electrical Band sang this counter culture classic. The lyrics included: … sign, sign. Everywhere a sign. Blockin’ out the scenery. Breakin’ my mind. Do this. Don’t do that. Can’t you read the sign? There […]

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