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Blog

19 September 2020
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Fair Use Simplified

19 September 2020
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Simplifying the Fair Use Doctrine, so Photographers Understand Their Rights "Fair use." As dedicated copyright lawyers who devote our practice to helping photographers enforce their rights, this is a phrase we often hear, usually from defendants trying to avoid paying compensation to our clients. Fair use is a commonly used defense to copyright infringement claims, but it is one that can be confusing. Here, we will try to simplify some of the basics of fair use and how it might affect your rights. What is the Fair Use Doctrine? Under the fair use doctrine, there are circumstances under which someone...

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26 August 2020
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Copyright Laws

26 August 2020
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What Laws Control Copyright? In the US, the comprehensive law that contains the basic framework for current copyright is The Copyright Act of 1976. Congress has added many sections to this framework as technology and industry have evolved. Satellite television and radio, the Internet, and social media have made it necessary for copyright laws to adapt. Some of these additions to copyright laws include: The Digital Millennium Copyright Act of 1998 The Musical Works Modernization Act The Marrakesh Treaty Implementation Act What Do Copyright Laws Cover? Copyright laws generally cover a wide range of matters. They protect the work that...

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24 August 2020
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Significant Photography Copyright Cases

24 August 2020
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Photography Copyright Review: Some of The Most Famous Cases in Photography History At , we represent photographers worldwide in all types of copyright matters. We can help register copyrights, draft and enforce licensing agreements, and file lawsuits when someone infringes on your copyright. Our vast experience handling copyright cases is coupled with in-depth knowledge of the domestic and international laws that affect photographers' rights. Here, we share with you some of the most well-known rulings, courtesy of Pixsy.com, that have substantial impacts on photographers and their rights. Photographer John Mannion photographed NBA star Kevin Garnett for a magazine. Coors recreated...

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21 August 2020
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Tweeting Can Result in Copyright Violations

21 August 2020
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Copyright Infringement: Be Careful What You Tweet Several years ago, photojournalist Daniel Morel sued Getty Images and Agence France-Presse for copying and selling images from his twitter account. Morel posted photographs he took of the 2010 earthquake that ravaged Haiti. Morel, the photographer, was awarded over $1 million in damages in a case that clarified this point as reported on Pixsy.com: "Twitter allows for posting and retweeting, but not commercial use of photos posted by users." Despite this ruling and much to the dismay of photographers around the world, many still believe that they can use copyrighted pictures anyway they...

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18 August 2020
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Photographer Wins Copyright Case

18 August 2020
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Famous New York Photographer Wins Copyright Case Photographer Deborah Feingold won her New York copyright lawsuit, proving to the Judge that the Defendant RageOn, Inc. violated her rights. Feingold began her photography career in New York in the 1970s and has captured images of some legendary musicians. RageOn is a company that serves as a digital platform for people to design, create, and sell goods, like clothing and accessories. RageOn sells merchandise for others, processes payments and orders, and collects a commission on all sales. Feingold sued RageOn in 2018. Feingold alleged that three shirts sold on the website violated...

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21 July 2020
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Covid-19 Copyright Lawyer

21 July 2020
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Covid-19 Creates a New Wave of Virtual Content Covid-19 has changed the world in which we live. We have learned to work remotely and virtually visit with friends and family. We participate in "telemedicine," virtual classrooms, and find creative ways to deliver and receive entertainment. Musicians, artists, actors, and other "performers" have been generous with their displays and sharing of content. DJ's are doing virtual live music sessions on Instagram. Athletes are playing video games on ESPN. Choirs are singing show tunes from around the globe. Celebrities are dancing to popular songs in Tik Tok videos. Can Existing Copyright Laws...

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17 July 2020
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Publishers Sue For Copyright Infringement

17 July 2020
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Publishers Filed a Lawsuit Against Internet Archive In a lawsuit filed in New York City a group of large publishing companies accuses the Internet Archive of massive copyright infringement. According to the complaint, plaintiffs John Wiley & Sons, Hachette Book Group, HarperCollins Publishers and Penguin Random House, accuse the Internet Archive of creating an "astonishing" scheme of "willful digital piracy" along with intentional and systematic copyright infringement. Publishers Dispute Legitimacy of Internet Archive "Library" The Internet Archive ("IA") describes itself as a nonprofit library that lends digital copies of books to the public. Historically, according to NPR.org, IA has implemented...

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15 July 2020
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Copyright Lawyers Protecting You

15 July 2020
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Author's Estate is Suing Netflix For Copyright Infringement The estate of legendary writer Sir Arthur Conan Doyle is suing Netflix for copyright and trademark infringement. Netflix is releasing a movie called "Enola Holmes," a film about the younger sister of Sherlock Holmes, who is also a skilled detective. Doyle was the exclusive author of all of the Sherlock Holmes stories. On June 25, 2020, Fox News reported that the estate filed a 19-page complaint in federal court in New Mexico. In addition to Netflix, the estate is also suing, "the author, writer and director of the Millie Bobby Brown-led film...

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14 July 2020
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Nike Sued Copyright Infringement

14 July 2020
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Fashion Brand Files Multi-Million-Dollar Lawsuit Against Nike and Michael Jordan for Copyright Infringement and More In an article posted on June 30, 2020, on thefashionlaw.com, (TFL) Faded Royalty has filed a multi-million-dollar lawsuit against Nike and Michael Jordan for copyright and trademark infringement. The lawsuit was filed in New York Federal Court on June 29 also contains allegations of unfair competition, deceptive practices, and unjust enrichment. Court documents request injunctive relief and damages in the amount of $30 million. Lawsuit Alleges Nike Uses "Copycat" Logo on Michael Jordan Items Faded Royalty, an independent fashion brand, and its founder Rocco Giordano...

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29 June 2020
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Lawyers Enforcing Photographers’ Copyright

29 June 2020
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Social Media Complicates Copyright Enforcement The general rule under US copyright laws is that you control your own creative, original work. When you post your work on social media, however, you might be losing some of your control. You don't have to lose your copyright when you upload something to a website or social media platform. But you might be granting a license. You should find out what the terms and conditions are of each website to which you post photographs, music, or other creative, original work. By posting, you are agreeing to whatever those terms are. If you are...

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