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 […]
The 96 Percent Solution
Apr 23
We had great turnouts for our three classes at Photoshop World in Orlando last week. The word is finally out that it is critical that professionals, amateurs and those who fall some where in between must register their work. Of the many people who attended our lectures and were obviously motivated to learn more about […]
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, […]
There was a front page article this Sunday in the New York Times that is the same subject we covered last month in this post titled “Ag Gags for Carnivores, Vegetarians, Vegans and Yes, Photographers”. It’s about how several states are making it illegal to take photos on farms and of animal abuse. Very scary […]
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 […]
Our B&H Lecture on YouTube
Mar 21
Our lecture at B&H on copyright and model release issues is up on YouTube. Click here to see it. We rant and rave, laugh and cry, sing and dance as usual, for just under two hours.(That’s metaphorical singing and dancing. Be thankful we don’t do either in the video). It was actually a lot of […]
Still Working For Free?
Mar 14
We have over three plus decades repeatedly written, urged, cajoled, screamed, advised, suggested and prodded members of the photography and illustration communities to never work for free. There isn’t an argument or rationalization against that position that we haven’t heard a hundred times. Now someone has made many of the same arguments that we have […]


