What Professional Photographers Should Know About Model Release Forms

Photographers can make a living in various ways. Some take formal portraits or photograph events. Others are landscape photographers who sell creative, artistic photos of nature. There are paparazzi photographers who snap candid shots of celebrities and sell them to magazines and others who take pictures for advertising or fashion campaigns.

Various types of photographers might have different copyright issues or questions about their legal rights and responsibilities.

For example, some professional photographers often wonder about model releases. What are they for, and when are they required? Surprisingly, some photographers think model releases are always a good idea, while others find them unnecessary.

When you have questions like these, speaking with copyright lawyers can help ensure that you clearly understand your legal rights and obligations when it comes to professional photography.
If you are a creative professional who needs help with a copyright-related issue, call Sanders Law Group for a free evaluation of your case.

Here, our US Copyright Attorneys at Sanders Law Group share some general information about the basics of model releases.

What Is a Model Release?

A model release is a contract. It exists between the photographer and the human subject of the photograph. It gets signed by both parties and gives the photographer permission to utilize the photograph in specific terms – usually for commercial purposes – according to the release. A model release intends to protect the subject and the photographer.

When Should You Use a Model Release?

A key component of when you should use a model release is whether the photograph will be published and used for commercial purposes. In other words, taking the photo does not require a release. The release becomes important depending on what you do with the image.

Does Publishing a Photograph Require A Model Release?

Yes, if the photograph implies that the subject is endorsing something like a product, organization, or business.

The same is true if the photograph is actually for advertising; it is not just implied.

When Is a Model Release Not Necessary?

No model release is needed when a photograph is published for news purposes, artistic expression, or educational purposes. However, there are always exceptions to this. It might be best to get one anyway.

Does Selling a Photograph Require a Model Release?

Not necessarily. The act of selling a photo does not require a release. However, the buyer might demand one, so they can publish the picture the way they want.

Why Photographers Should Get Signed Model Releases

A model release agreement permits a professional photographer to use the photos for commercial purposes. It gives the photographer the right to earn money from the pictures by selling, reproducing, using them on products, advertising, or any other way deemed appropriate.

In most model release forms, the model also waives the right to sue the photographer for claims arising from the use of the pictures.

What Are the Components of a Model Release Form?

Each model release form should contain some basic terms such as:

• That you or your employer has rights to the photographs
• That the model relinquishes rights to the photographs
• How you or your employer intend to use the pictures
• Terms of compensation for the model

Some states might require specific language or terms. It is important to ensure your model release protects your rights and is enforceable.

Speaking with experienced attorneys who can help you draft your documents is a good idea.

Call US Copyright Attorneys at Sanders Law Group

Call our office today if you are a professional photographer and have a copyright issue or need assistance negotiating licensing agreements, creating model release agreements, or other contracts related to your photography business.

Sanders Law Group helps creative professionals around the globe. We strive to protect people like you from copyright infringement and obtain the maximum compensation when someone violates your rights. Call our US Copyright Attorneys today at (800) 979-3707 for a free case evaluation.

Source:

• https://improvephotography.com/48423/model-release/

Why Are Licensing Agreements So Important to Copyright Holders?

Copyright gives the holder exclusive rights to copy, reproduce, display, perform, or make derivative items from your original work. As the creator of original work, you control what, if anything, happens to it. If someone uses your work in one of these ways without your permission, it can violate your copyright. It can also mean that you are not receiving compensation for your hard work.

Many people ask us why it is important to use licensing agreements when someone is interested in using their artistic work? Licensing agreements act as “permission” to utilize your work. It is an opportunity for you, the creator, to define how someone may do so and the compensation they must pay.

Licensing agreements allow artists, photographers, videographers, graphic designers, clothing designers, and other creative professionals to negotiate various essential elements.
Most licensing agreements will cover:

• Exclusivity
• The scope of use
• The duration of use
• Compensation

Let’s look at each individual element.

Exclusivity

You will have to decide if the license you give is exclusive or non-exclusive. An exclusive license means the party to the agreement will be the only one who gets to use your photo, design, or painting.

A non-exclusive license grants someone the right to use your work but also allows you to give licenses to others as well.

Scope of Use

The scope generally addresses how the licensee can use your design or work. As the licensor, you might want a narrow, specific, well-defined scope of use. A licensee might want more general terms of the scope of use. It is essential to understand what your work is being used for and ensure the scope is clear to both parties. For example, are you limiting the use to posters, t-shirts or magazine ads? Are you allowing them to use for any purpose they choose? You need to specify the scope of use consistent with your intentions.

Duration of Use

How long can the licensee use your work? Forever? A month? Two years?
Remember, you are giving permission to use your designs, and you can decide how long you want that permission to last.

Compensation

Your compensation might be the most critical part of any licensing agreement. After all, you want to get paid for your work. The terms of compensation for any licensing agreement can vary. You might receive a one-time payment for the rights to your work. You might elect a compensation structure based directly on the different ways your work gets used. You can even have a combination of compensation terms that include a lump sum licensing fee and a “royalty” structure that allows you to earn additional payments based on units produced, a revenue share or other structure.

Negotiating Your Licensing Agreement

The terms are at your discretion when it comes to your licensing agreement. It helps to have lawyers like our US Copyright Attorneys at Sanders Law Group protecting your rights, interests, and goals.

Most licensing agreements contain specific terms of exclusivity, scope, duration, and compensation, sometimes in complex arrangements. Make sure you understand the rights you are granting to the licensee and that you are receiving appropriate payment for your work.

Remember, if someone violates the terms of a licensing agreement, you might be able to file a claim for copyright infringement and/or breach of contract.

Call Sanders Law Group for Licensing Agreements

If you are a creative professional considering a licensing agreement, call our US Copyright Attorneys at Sanders Law Group. We represent creative artists, including:

• Videographers
• Screenwriters
• Photographers
• Graphic designers
• Logo designers
• Artists
• Clothing designers
• and others

Call us today at (800) 979-3707 to discuss your creative licensing needs with our copyright attorneys.

Important Copyright Info For Screenwriters

Screenwriters have a tough job. It takes time, dedication, creativity, and hard work to create a script or screenplay you are proud of. Screenwriters often pour their heart and soul into their work with the goal of seeing their work on the big screen, receiving appropriate credit, entertaining audiences, and getting paid.

Copyright laws protect original work, including work created by screenwriters. Do you know what rights you have to your completed script?

What do you need to do to protect your work?

As US Copyright Attorneys, Sanders Law Group helps creative professionals like screenwriters protect their intellectual property and receive compensation when someone violates their rights. We offer free copyright infringement case evaluations, which you can schedule by calling us at 855-456-2242.

Copyright Covers The “Expression” of Your Ideas, Not The Ideas Themselves

Your concepts and ideas do not receive the protection of copyright law. Copyright protects the tangible expression of the ideas. So, while your detailed, fully-developed script or screenplay can be protected, the concept of your story cannot. For example, the concept of a story about an alien invasion cannot be copyrighted. However, the words that you write, highly distinctive characters, and other attributes of the screenplay may be subject to copyright protection.

Your Characters and Treatment Might Also be Protected By Copyright

In some cases, the character you write can be so crucial to the story or unique that it has the potential to become a distinct entity. You can seek copyright protection of the character itself when this occurs, separate from the screenplay or script.

What Does Copyright Do?

Essentially, copyrighting your work means you have the exclusive rights to it unless or until you sell, license, or give away those rights to another entity like a studio, production company, or network.

To Enforce Your Copyright, Register With The US Copyright Office

While copyright exists the moment your work becomes tangible, registering with the US Copyright Office is the only way to guarantee you have a way to enforce it. To access the courts and litigate a copyright infringement claim, you must have a valid copyright registration. In other words, you can’t file a copyright lawsuit against an infringer without a certificate of registration.

Once you have your certificate, you can file a claim for infringement that occurred before you registered. However, you can only seek statutory damages for copyright infringement that occurred after you registered. For infringement that occurred before the registration date, you can only receive actual damages, which are harder to calculate and substantiate. The sooner you register your script or screenplay, the better.

For Help, Call Our US Copyright Attorneys at Sanders Law Group

If you are a screenwriter, scriptwriter, or another creative professional with a copyright problem, call our US Copyright Attorneys today at 855-456-2242. We offer free copyright infringement consultations.

What Every Copyright Holder Should Know About “Fair Use”

“Fair use” is a term that creative artists (and their lawyers) hear quite a bit. It is often used as a defense in copyright infringement litigation.

Understanding fair use and its potential ramifications should be important to anyone who makes a living creating original, copyrighted work.

Fair use is the doctrine that permits the limited use of copyrighted work without a license, permission, or compensation.

In other words, on occasion, your copyrighted videos, pictures, writing, or graphic designs can be used by others – legally – with no permission and free of charge. As long as the copyrighted work is being utilized consistently with fair use, there is no copyright infringement.

Evaluating Fair Use In Copyright Infringement Cases

Under Section 107 of the Copyright Act, “fair use of a copyrighted work…for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”

Beyond the statement above, there is no strict definition of what is and what is not fair use.

However, the copyright act provides a framework for courts to determine if something falls under this doctrine. After evaluating all of the considerations, what is and is not fair use is decided on a case-by-case basis.

Section 107 of The Copyright Act Guides Fair Use Decisions

The court has four primary considerations when determining if secondary use of a work falls under the fair use doctrine and, therefore, is not infringing on a copyright. You can find them in Section 107 of the Copyright Act. https://www.copyright.gov/title17/92chap1.html#107

If you are a creative professional and file a lawsuit for copyright infringement, you should know what to expect if the other side claims they are protected by fair use. The court will consider the following factors in their decision:

The character and purpose of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes –

The nature of the copyrighted work –

The amount and substantiality of the portion used in relation to the copyrighted work as a whole –

The effect of the use upon the potential market for or value of the copyrighted work –

For example, courts have found that a parody of an original work does not compete with the market demand for the original work. But if the secondary user reproduces a work that essentially occupies the same market as the original, then potential market impact may be found. There is no magic formula for whether someone’s use of your copyrighted work is fair. These factors are all important to that determination and must receive consideration by the court. The courts can take into account other factors as well as appropriate.

Don’t Let Fair Use Prevent You From Pursuing Infringers

If you are a creative professional, don’t assume that something is fair use just because someone says it is. In copyright infringement cases, whether something is fair use depends on several factors, and the court will make its decision by analyzing each individual case. The lawyers at Sanders Law Group deal with infringers claiming fair use on a regular basis and are here to assist in defending against a claim of fair use.

Call Sanders Law Group to find out how we can help when someone uses your work without permission.

We want to ensure your interests are represented and our experience with copyright infringement lawsuits and fair use claims makes us uniquely suited to protect your rights and work.

Call us today at (800) 979-3707 to schedule your free case evaluation with our experienced copyright infringement lawyers.

Sources:

• https://www.copyright.gov/fair-use/more-info.html
• https://www.copyright.gov/title17/92chap1.html

The Importance of Copyright Registration

Many people wonder about registering a copyright. Is it necessary? What is the point? Since copyright attaches automatically, giving you legal rights to your work, why bother registering with the U.S. Copyright Office?

Registering your copyright provides creative artists with extra protection and valuable benefits in the event of a copyright infringement dispute. But for registration, these “extras” would be otherwise unavailable. Let’s look at why copyright registration is so important.

Registration Is Required If You Want To File A Copyright Infringement Lawsuit

You must register your copyright with the U.S. Copyright Office as a prerequisite to filing a lawsuit for infringement. Registering before any infringement occurs is extremely important since if you do not register timely, you will not be entitled to recover statutory damages or your attorneys’ fees and expenses associated with your lawsuit.

Applying is not sufficient to file your copyright infringement suit. Your registration must actually be granted by the U.S. Copyright Office. To meet the registration requirements, your work must be sufficiently original and you must also certify that you are the author and creator of the work.

If You Register Your Work Within Five Years, Valid Ownership Is Presumed

The first element the copyright holder has to prove in copyright infringement cases is ownership of copyright.

When you obtain registration before your work is “published” or within five years of “publication,” your registration certificate creates a legal presumption that your copyright is valid. The facts contained in the registration are considered true.

This presumption that your copyright is valid means that you don’t have to prove ownership. Instead, the burden falls on the other party to prove that you are NOT the copyright owner.

Copyright Registration Allows Copyright Owners to Collect Statutory Damages

In a successful copyright infringement case, you will be entitled to actual damages, or, if the registration occurred before the infringement, statutory damages at your election. Actual damages are the amount equal to the money you lost because of the infringement. You can also collect the amount of profit earned by the infringing party. Often times, actual damages can be difficult to calculate.

Statutory damages are an amount established by law. The court has the power to award between $750 and $30,000 for each copyrighted work that is infringed. In cases of willful copyright infringement, the court can increase statutory damages to $150,000. In cases involving statutory damages, courts will often use the fair market value of the copyright holder’s lost licensing fees as a basis and then multiply that value by three to five times. Thus, it is important to provide Sanders Law Group with any licensing fee information you have concerning the original work to help calculate an appropriate statutory damages award.

In addition to statutory damages, if you registered before the infringement, the court may also award attorneys’ fees and litigation costs as part of your award. In the context of photographs and videos, statutory damage awards are almost always higher than actual damage awards. However, in cases involving products or merchandise, you may wish to seek an actual damages award measured by the amount of the infringer’s profits earned from exploitation of the original work.

Here’s the catch – you can only collect statutory damages for infringement that occurs AFTER the date of your copyright registration. Thus, filing a timely registration – the earlier, the better – ensures you will be eligible to collect the maximum damages in the event of copyright infringement litigation.

Registering Copyright Creates A Public Record

By registering your copyright, you create a public record of your ownership of your work. This public record can make it difficult for someone to claim they did not know your work was copyrighted.

Your registration can also provide contact information for licensing opportunities for those who wish to pay to use your work lawfully.

Additional Benefits of Copyright Registration

Copyright registration is critical if you want to receive the full benefits of copyright laws. You never know when you will have to file a copyright infringement lawsuit, and having your registration in place provides critical legal presumptions and opens the door for maximum damages.

The reasons to register above should help you understand how important copyright registration is. But there are additional reasons to register your copyright, such as:

Obtaining Relief from the International Trade Commission –
A copyright owner can ask the International Trade Commission to investigate the import of infringing goods coming into the U.S. The copyright owner can also seek an exclusion order to stop the goods from entering the U.S.

Recording Copyright With Customs – Holders of registered copyrights can record the registered copyrights with U.S. Customs and Border Protection. This can help protect against infringement occurring across the borders.

Call Sanders Law Group – Register Your Copyright For Maximum Legal Protection and Damages

Sanders Law Group represents creative artists of all types. If you are a photographer, videographer, fashion designer, graphic designer, or writer, we want to ensure you take advantage of the available ways to protect your original work and your legal rights.

Registering your copyright is a critical step in that process.

Call Sanders Law Group, copyright infringement lawyers, today at (800) 979-3707 to get started on your copyright registration.

You Don’t Have To Be A Professional Photographer To Get Great Holiday Photos

At Sanders Law Group, we devote our practice to protecting the rights of photographers around the globe. We want to ensure that professional photographers receive credit, compensation, and damages when someone violates their copyright.

We have a deep appreciation for the time and energy professional photographers put into their work. Whether you are setting the perfect mood and background for a portrait, finding a spot with perfect natural light, or patiently waiting for the appearance of an admired celebrity or athlete, our lawyers know how much skill is involved in getting a great shot.

But taking pictures is not always just about work! This holiday season, with families and friends gathering together once again, people will be snapping away trying to capture some special moments. Unless everyone in the family is a professional photographer and comes with their equipment, your holiday pics will likely be taken on phones by a whole bunch of amateurs.

Busting out the phone for casual and candid shots is always fun- the kids getting goofy as they open gifts under the tree, grandpa snoozing at the dinner table after the meal, the dog sneaking food off the table. These photos are some of the best ways to capture the true spirit of the holidays, even if they are crooked, slightly out of focus, or poorly lit.

But, you might also want to take some “staged” photos of your family members and friends too. If we have learned anything during the pandemic, it’s that time with loved ones is precious. You should try to capture this time with quality pictures you can cherish forever. Getting good photographs of the people you are celebrating with can be more challenging than you think.

Tips to Help You Get Great Holiday Photos

Put someone in charge – Pick a person to run the show when it comes to gathering the troops to pose for pictures. Encourage them to choose a time when there is not much happening and everyone looks fresh – perhaps before the big meal or shortly after everyone arrives. Consider “warning” your guests that you will expect them to cooperate and pose for pictures.

Try to use natural light – Get outside for photos if you can. Natural light can vastly improve the quality of your photos. Aim for open shade to avoid the shadows direct sunlight can cause.
If you are inside, natural light from a window can help. But, don’t have the subject standing in front of the window – that can result in shadows on their faces, making them difficult to see.

Be aware of your background – Whether you are outside or inside, take stock of what is behind the people in your photos. Try to avoid taking pictures in front of clutter. You want to focus on the faces, not the mess.

Use chairs – If you want to photograph a large group, avoid lining people up in rows. Rows make it easy to lose faces in your pictures. Chairs can help you set up a better picture. Place people in chairs in the front (maybe the older folks) and have others gather around them, filling in spaces. You can also have people sit on the arms of the chairs of at the feet of those seated.

Take pictures at eye level – Eye level is usually the best angle to take pictures that flatter everyone.

Use the timer on your phone or camera – If you want to include everyone in a photo you might have to use a timer. Learn how to do this in advance of the family gathering! When you use a timer, be sure to have a tripod set up or a stack of something like books to ensure the camera/phone is at eye level and steady.

Hopefully, these tips can help you capture some special holiday memories. Once you get pictures you like, you can print and frame them for yourself use them to make gifts to give to everyone next year!

Call Sanders Law Group, For Copyright Help

If you are a professional photographer and need help enforcing or protecting your copyright, call Sanders Law Group today at (800) 979-3707 for a free case evaluation. We can help you collect damages when someone infringes on your copyright.

What Do Copyright Lawyers Do For Photographers?

Copyright lawyers are an important part of the photography industry. At Sanders Law Group, we devote our practice to helping professional photographers file copyright claims when they discover unauthorized use of their creative work. We work hard to protect your work and that you receive maximum compensation for copyright infringement.

Copyright law is complicated and ever-changing. Here, we will review some common issues that arise when photographers consider the question, “why do I need a copyright attorney?” Let’s look at how a copyright lawyer can help photographers avoid being taken advantage of and protect some of the most important legal rights that copyright gives you.

Copyright Attorneys Can Explain Your Rights Under The Copyright Act

The Copyright Act is a federal law that gives the person who creates original creative work, like a photograph, the exclusive right to reproduce and distribute that work. It is unlawful for someone else to copy or use your work without permission from the copyright holder. Using your copyrighted image without permission, such as a license, might be copyright infringement.

There are some exceptions to this rule. For example, if the material is being used for educational purposes, the user might not be liable for infringement. However, exceptions to copyright laws are open to interpretation.

The federal court (district court) decides each legal claim based on its own particular facts and circumstances. Only after understanding the facts of a specific case can a decision be made regarding copyright infringement.

Copyright Attorneys Can Explain The Importance of Copyright Registration

Copyright registration can be confusing. Why? Because you don’t need to register with the copyright office to be a copyright owner.

In other words, copyright attaches to your work automatically. The moment you take a photograph, you are the copyright owner, and the image is considered copyrighted work. No person or business can use it without your permission.

Then what is the point of registering with the copyright office? If you already have copyright protection, why bother?

There are some important reasons to register your copyright:

1. Registration is required before you can bring a copyright infringement suit in the US.
2. Registration before the infringement or within three months of the alleged infringement means you are eligible for statutory damages if you win your infringement claim.
3. Registration can also be used as prima facie evidence of the validity of your copyright.

Number two might have the biggest impact on your infringement claim. Without timely registration, even if you are successful, your compensation award would be limited to actual damages.

By registering copyright prior to the infringement or within three months of it, you can recover statutory damages, attorneys fees, and the costs of your lawsuit. Statutory damages tend to be much more than actual damages.

Statutory damages can range from $750 to $30,000 per work infringed. If copyright owners can prove the infringement was willful, they might be able to collect up to $150,000 per work.

What Else Can The Right Copyright Law Firm Do For You?

If you are a professional photographer, or another type of creative artist, finding a copyright law firm to protect your legal rights and offer valuable legal advice should be a priority. Why?
Lawyers can ensure your rights are protected from the start.

Attorneys with experience handling copyright infringement cases can recognize when an infringement or violation occurs and work quickly to ensure the unauthorized use stops.
The right copyright attorney can create license agreements for clients that ensure their wishes are reflected, and they are paid fairly.

If third parties violate the terms of your license agreements, copyright lawyers can take legal action to address the violation, even if someone else created the agreement.

Lawyers can also negotiate and settle legal claims out of court. Copyright infringement can result in a lucrative settlement amount for the copyright owners.

Photographers Call Sanders Law Group, For Maximum Copyright Protection

At Sanders Law Group, you will find attorneys who understand copyright laws, value the attorney client relationship, and take pride in working on behalf of photographers to protect the work they have created.

Copyright cases are what we do. We believe in the ownership rights that copyright laws bestow and work hard to protect them for every client.

Don’t let someone use your work without permission. Protect and enforce your legal rights with the help of Leibowitz Law Firm. If you are a professional photographer or other creator of original work, call our office today at (800) 979-3707. Schedule your free consultation and learn about your options if someone is violating your legal rights.

We are copyright lawyers protecting photographers, and we are here for you when someone commits copyright infringement. Call Sanders Law Group at (800) 979-3707.

Paparazzi Sues Lisa Rinna For Copyright Infringement

Lisa Rinna is being sued for copyright infringement by Backgrid, USA (Backgrid). The company, which represents paparazzi, claims that Rinna infringed on its copyright when she posted on her personal Instagram account pictures of her and her daughters in various public places, which were taken by photographers who worked for the photo agency.

Allegedly, Rinna refused to pay Backgrid a fee after receiving a demand letter asking for compensation for using the photos. So, Backgrid filed a $1.2 million lawsuit against her.

The star, known for her role on Days of Our Lives and Real Housewives of Beverly Hills, recently spoke publicly about her disappointment in paparazzi photographers who she strongly feels are abusing the copyright act. Why?

Rinna told the Los Angeles Times that she thinks the paparazzi are trying to make up for revenue lost during the pandemic by (unfairly) taking advantage of celebrities with whom they have traditionally enjoyed a symbiotic relationship.

Backgrid Seeks $1.2 Million in Damages From Lisa Rinna for Posting Paparazzi Photos.

Backgrid filed its lawsuit in June 2021 in the US District Court for the Central District of California. The lawsuit came after Rinna posted “at least eight” photographs of herself and her daughters Delilah and Amelia Hamlin on her personal Instagram page.

Rinna thought nothing of it. After all, she is not the only celebrity to post paparazzi images on social media.

Backgrid, however, feels differently and wants damages from Rinna for what it calls “willfully infringing Backgrid’s copyrights.” Backgrid alleges that it has suffered substantial economic damages because of Rinna’s unauthorized use of the photographs.

Between Rinna and her daughters, they have close to 5 million social media followers. Backgrid claims that Rinna’s posting the paparazzi image confers monetary benefits on her that should belong to the photographer or photo agency.

What Does the Copyright Act Say?

Under federal law, copyright exists the moment a photographer takes a picture. The exclusive rights to the images taken by paparazzi belong to the paparazzi or a publication they might work for. This means that no one can use the photographs without permission or a license.
There are exceptions to this rule, but whether a particular situation falls into one tends to be determined on a case-by-case basis.

The law allows photographers to file copyright infringement claims when they think someone has violated federal law and used their pictures without permission.

When Celebrities Post Photos of Themselves Can it Violate Copyright?

It does not necessarily matter that the picture’s subject might be the person who uses it without permission. Posting a photograph that someone else took without their permission can be copyright infringement.

Lisa Rinna is certainly not the only celebrity who has been sued for posting pictures taken by the paparazzi but containing her own image. Posting paparazzi images without paying for them seems to be a constant source of conflict, which photographers claim jeopardizes their ability to earn a living.

Photographers continue to dutifully try enforcing their legal rights by taking matters to court. In recent years, photographers, agencies, and paparazzi sued Kim Kardashian, Katy Perry, Justin Bieber, Jennifer Lopez, and many other celebrities who have allegedly benefited from paparazzi photos of themselves-all posted without paying license fees or getting permission.

These copyright infringement lawsuits have yielded mixed results, but it is critical that photographers continue to wage a legal campaign to protect their rights and their work.

Rinna Claims She Had an Implied License

The implied license defense is based on the doctrine that one may sometimes correctly infer, based on the actions of or words of someone else, that they have permission to use the copyrighted images.

According to the LA Times, Rinna believed she had an implied license based on her good relationship with the paparazzi. Rinna’s hard work, she claims, confers monetary benefit on the photographers. She claims she has always cooperated with them, been nice, and enjoyed a “very symbiotic relationship” with the paparazzi.

It is exactly this very good relationship that led her to think that “it was understood that Ms. Rinna would be permitted to use and comment on these photographs of her and her family without facing a claim of ‘infringement.'”

The Beverly Hills star has expressed her disappointment loud and clear. Rinna told the Los Angeles Times that she would understand paying a nominal fee for posting paparazzi photos, but the money they asked for was just too much.

Backgrid alleges that Lisa Rinna did more than just post the paparazzi photos. She also “contributed to the reproduction, distribution and public display” when she encouraged her nearly three million Instagram followers to share them.

Time will tell if Rinna settles the claims or whether the court orders her to pay the $1.2 million Backgrid is seeking.

Paparazzi Photographers Call Sanders Law Group, to Protect Your Copyright

Sanders Law Group, is dedicated to ensuring paparazzi photographers and other creative artists receive maximum protection under copyright law. We represent photographers worldwide in copyright infringement lawsuits, enforcing licensing agreements, and seeking maximum damages when someone violates your rights.

We understand how hard you work at your craft and want to protect your rights to full compensation and damages. Call Sanders Law Group, today at (800) 979-3707 to schedule a free copyright case evaluation.

Copyright Infringement: What Can Photographers Do About it?

As a professional photographer, have you experienced at least one of the following?

• A friend, associate, or client sends you a link to a site where they’ve seen one of your images used in an advertisement?
• You stumble upon one of your images on a blog post or website to which you have no connection?
• Or do you find a slew of photos you took on someone’s social media page?
• You were hired to take pictures, but are they being used in violation of a licensing agreement?

In today’s advanced digital, cyber, and internet age, it is likely that you are all too familiar with these scenarios. Photographers around the globe are dealing with many of the same issues. It is hard to protect your copyright when it is so easy to screenshot, download, and share images.
Image theft is running rampant.

People use pictures without permission all the time. Committing copyright infringement is simple – sometimes, people are not even aware they are using images they are not supposed to use.

It takes (literally) only a few seconds for someone to steal a photo you took and use it to promote a product, brand, event, or website. Enforcing your rights as a photographer and ensuring you receive compensation for your work is sometimes more difficult, but it is necessary.

Photographers, you must protect your legal rights so you can make sure you continue to profit from your work. When someone steals photographs or images get used without proper permission, you may want to file legal action and collect damages from the infringer.

What Are Your Rights?

US Copyright law provides photographers (and any other copyright owner) with the exclusive rights to reproduce, create derivatives of, distribute copies of, and display their work.

These rights are automatic and remain intact unless and until you arrange otherwise. With some exceptions, no one can use your photos without permission.

You do not have to register your copyright with the US Copyright Office for these rights to attach. However, registering is a good idea in case you wish to file a copyright infringement case in the future.

Registering copyright with the copyright is necessary to file an infringement lawsuit. Registering it within a certain time frame is necessary to be eligible for statutory damages.

What Can Photographers Do When Someone Infringes on Your Work?

Let’s assume there is no question about whether or how you authorized someone to use the image. You did not.

The first thing to do is collect evidence of the infringement. For example, you can take screenshots of where, when, and how the images are being used or take detailed notes of the ways in which their use is violating a license. This way, if you decide to proceed with an infringement action, you have the proof you might need.

The next thing to do is determine how you want to respond, if at all. Some things to take into consideration might include:

• What is the best option for your business and the value of your work?
• What will ensure your work is protected in the future?
• What will be the most beneficial to your work/client relationships?
• What is your goal? Photo credit? Damages?

It might be helpful to discuss your legal and other options with an experienced copyright attorney so you have a clearer picture of what the laws say and the recourse they can provide when someone violates your rights.

Options can range from sending a demand letter, a DMCA take down notice, picking up the phone and asking someone to remove a photograph, asking a lawyer to send a formal cease and desist letter, asking for damages, contacting the internet service provider, suing someone for breach of contract or filing a copyright infringement case.

Any time someone uses your images without permission, you might have a variety of legal remedies. If you are a photographer, the best way to protect your legal rights is to understand them. Information is critical to ensuring your images and your work receive the full backing of the law and that your photography career is as lucrative as possible.

Speak to Our Copyright Infringement Lawyers to Receive the Maximum Protection Under Copyright Laws

At Sanders Law Group, we know copyright infringement, and we know photography. This combination means that we can help you protect your copyright from infringement and enforce it when someone steals your work.

We represent photographers around the globe when people steal their original work and use it for their own profit. We can ensure that every image you take receives the full protection it deserves. If someone commits an infringement, we can ensure you receive the maximum compensation allowed by law.

Call Sanders Law Group today at (800) 979-3707 to schedule a free evaluation of your copyright infringement case. We would like to help you protect and enforce your copyright and can handle claims from start to finish.

Whether you want a cease and desist letter, a takedown notice, a demand letter, a license agreement, or to file a copyright infringement case, using an attorney is something you should want to consider. We can ensure that you receive the maximum amount of damages allowed by law.

Call Sanders Law Group, today.

You may be surprised to learn that photographers have many different rights regarding the work they create. This blog post will explore photographers’ basic legal rights and what those rights mean for you as a photographer. This information will include a bit about commercial rights, licensing rights, and copyright law.

Copyright: The Most Important Legal Right Photographers Have

One of the photographers’ most important legal rights is copyright. Copyright grants photographers exclusive rights to their work and protects them from being exploited without their permission.

To be granted a copyright, photographers must first create an original piece of intellectual property (i.e., photography). To qualify for this right, photographers only need to show that they have made something original.

Copyright doesn’t need to be registered with the copyright office. However, it should be recorded if a photographer ever wants to file a lawsuit for copyright infringement. Registering copyright allows you to seek statutory damages and also provides evidence that you have a legal right to the photograph.

What Does Copyright Do?

With copyright, photographers receive exclusive rights to their pictures. This means they have the sole legal right to decide who has permission to use their property/pictures and how they may use it.

Perhaps most importantly, copyright gives you the right to license the use of your pictures. Image licensing is the process where you let someone else use your images to make a profit. They can reproduce your photographs to sell, create products and merchandise, or use them for publicity with your permission.

What Are Some Basic Rights Associated With Photographs?

Commercial rights

These are rights that allow a person or business to use an image as a way to make money, such as use for ads or promotions.

Digital rights

Digital rights mean that a photographer agrees to allow another entity the right to use a digital version of an image created by that photographer.

If the entity wants to use the image for profit, they have to arrange to receive commercial rights as well. A hard copy of the photograph is not provided with digital rights.

Editorial rights

Editorial rights allow you to use images in magazines, newspapers, blogs, or educational sites without any commercial benefits.

Exclusive rights

Exclusive rights allow the photographer to sell an image as they please and offer complete control of its use.

First-use rights

This means you give someone the right to use something first, usually for a set period. For example, you can sell a photograph to a company that can exclusively use the picture (before anyone else) for 45 days. After this, the photographer can resell the image or use it for their own purposes.

Non-exclusive rights

This category of rights allows you to sell the same image to more than one customer. It can also allow your client to make a profit from your work unless you include an exemption that prevents the future commercial use or sale of your picture.

One-time use rights

Licensing one-time use rights is a favorite option for professional photographers, photojournalists, and others who cover sporting events, news, and other activities. One-time use rights allow photographers to license their photographs so somebody can display or use them only once, under specific terms.

Second rights

This means you can resell the work or reprint it after your first rights have expired. Occasionally, you may be asked to cite the person or organization that first printed your image.

Serial rights

Serial rights are what a photographer grants to a newspaper, magazine, or periodical company so that they can publish their pictures on an ongoing basis.

These Rights Give Photographers The Ability to Receive Compensation For Their Work

Photographers have exclusive rights to their work. Exclusive rights mean that photographers have the sole legal right to decide who has permission to use their pictures and how.

What does this mean for photographers? Well, the right to license their pictures and images means photographers can make money. Photographers can earn money from every sale or use of their photos, or they can grant permission to someone else to use the photos for profit. They can limit the use of their images or release their rights entirely, giving them to someone else.

Photography is a tricky business, and it is crucial that photographers be allowed to retain commercial control over their work when they want to. The laws protect the rights of people who take photographs for a living.

Remember, people need permission before they may use your images. You are the owner of your pictures. They are your property unless and until you say otherwise.

Professional Photographers Call Our Copyright Lawyers When They Need Help Protecting Their Legal Rights

Do you take pictures for a living? Is your chosen profession photography? Have you worked hard to succeed in the photography business?

If so, you should understand that copyright law protects you and that you have the legal right to control how your work gets used by others. When someone uses a copyrighted photo of yours without permission, it might be copyright infringement. If so, you might be entitled to collect significant damages.

If you are a professional photographer and think someone is violating your copyright, call Sanders Law Group, today at (800) 979-3707 for a free evaluation of your copyright claim.