Posts Tagged fair use

The Whole Magillah – Instagram’s Sub-License

There have been some issues lately that seems to get everyone’s drawers in a knot, above and beyond politics. For photographers it’s court cases that generate headlines, but don’t really tell the whole story. In some court cases the story changes 180 degrees and while the first iteration burns up social media sites, the second […]

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Sue Me? No, I’m Suing you!

An interesting graffiti case, filed under “We told you this can happen”, but not in the way expected. A lawyer representing graffiti artists contacted the Mercedes Benz company (also known as “Holy crap, how is Fred able to buy that Mercedes Benz on his crappy salary?!) about Mercedes Benz infringing on his client’s graffiti artwork. […]

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Images On The Internet Now “Fair Use”? – It Ain’t Necessarily So

Journalists who have covered wars are well aware of the cliche’ “First reports are always wrong”.  Porgy and Bess put it this way, “It ain’t necessarily so.” Those two old sayings recently came to mind when we read the court decision that was recently headlined and clickbaited in various ways as “Photos on the Internet are […]

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Hip Hop Hop – Part 3

Now in the third and final installment of this 3 part series, we’ll demonstrate how musicians and their “people” use the basics of copyright law mixed with their intimate knowledge of how risk adverse photographers typically are, to attack photographers who have taken the offensive. In the real world when faced with the fire-power of a major or even […]

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The Alleged Educational Fair Use Defense

An oft discussed and frequently misunderstood “defense” to copyright infringement is commonly referred to as the ‘educational use’ exception. There are few court decisions that are binding, where the use of a copyrighted work in what appears to be an educational piece but is really employed for the purpose of promoting a personal business or service did not qualify under the fair use exception even though Ed has had many of […]

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It’s All About Eyeballs

By now you may have seen some recent reports in the media regarding YouTube’s purported willingness to defend “some” of their users regarding claims of “fair use” involving (certain) uploaded material. YouTube will purportedly pay up to a million dollars in legal fees in some of these situations although the exact nature of this “coverage” is as yet, difficult to discern. Lest […]

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Don’t Prince Make Our Brown Eyes Blue?

We’ve used our blue face image logo for many years to show how we keep saying the same things over and over until we’re blue in the face. Now, we’re reading so much that is inaccurate or incomplete in all forms of media that we are getting the blues – and we ain’t talking about the […]

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You Can Make It Up

Left Coast photographer Howard Rosenberg gets the credit for finding this beauty.  Our readers know that we are quite fond of the phrase, “You can’t make this stuff up” and we use it frequently in our workshops.  Here is proof that you can, in fact, make it up. Howard noted some discussions in a photo […]

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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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It Ain’t Over Till Its Over and This One Ain’t Over

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 […]

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