Important Things About Copyright For Photographers Who Take Pictures of Celebrities

If you are a photographer who makes a living taking pictures of celebrities out on the street or at various events, you probably know how easy it is to be a victim of copyright infringement.

Many photographers work full time and make their living getting photos of celebrities and selling them to magazines, news agencies, and other entities. These photographers have the exclusive rights to sell, duplicate, or license their pictures to others and receive compensation for their work. When someone uses a photo without permission, it can be a violation of copyright law.

Photographers who photograph celebrities should understand the rights afforded to them by copyright law, what copyright infringement is, and what to do when someone violates their rights.

What is Copyright?

Copyright is a form of protection provided for original works of authorship. This protection includes photographers who take pictures of celebrities and then sell them for profit.

The copyright owner has the exclusive right to:

• reproduce the copyrighted work;
• distribute copies of the copyrighted work to the public;
• prepare derivative works from the copyrighted work; and
• perform or display a copy, derivative work, or publicly perform or display an original work.

What Do You Do To Obtain Copyright?

Copyright is automatic and attaches as soon as a photographer takes a picture of a celebrity.

For example, you automatically have copyright protection for any original photographs that you create, even a picture of Lady Gaga, Jennifer Lopez, and Victoria Beckham standing on the street outside your New York apartment building.

No one can use your copyrighted photographs without your permission.

You don’t have to register your copyright with the copyright office to have rights. However, copyright registration is necessary if you wish to file a lawsuit for copyright infringement and collect the maximum damages. Registering your copyrighted images can also make it easier to prove copyright ownership if you get sued or file a suit of your own.

What is Copyright Infringement?

Copyright infringement occurs when someone uses protected, copyrighted material without permission. It’s a violation of the copyright owner’s exclusive rights and remedies.

For example, if a magazine gets hold of an image you took and posts it on their website without your permission or compensation, it might be a copyright violation.

For photographers, copyright infringement is a serious matter because it threatens your livelihood.

When Celebrities Post Your Pictures on Social Media, Does it Violate Copyright?

In recent years, celebrities have been known to post photographers’ pictures on their own social media sites. While it may seem harmless for a celebrity or other public figure to share your photo on her Twitter, Facebook, or Instagram account, it is not without its consequences.

Celebrities have millions of followers and arguably post photos of themselves to generate income and boost their brand. When they post an image that you took without your permission, it might devalue your work.

When a celebrity posts your copyrighted image, it might be copyright infringement. It is quite possible that you can hold the celebrity or their “people” liable and that they will owe you monetary damages.

Celebrities Have Been Sued For Copyright Infringement

Some celebrities accused of violating copyright in recent years include many big names. Some have faced copyright lawsuits and paid large settlements and damages to the photographer who took their picture.

Celebrities who have been sued for copyright infringement include:

• Kim Kardashian, who allegedly posted photographers’ images of her kids without permission
• Lady Gaga, who allegedly used a photographer’s image to promote an upcoming CD release
• Chrissy Teigen, who allegedly posted photographers’ pictures on sites such as Twitter and Instagram
• Justin Bieber, Gigi Hadid, and Taylor Swift allegedly used photographers’ pictures without permission.

When celebrity paparazzi think someone is violating copyright, there are steps to take to try to hold them accountable. In some cases, photographers have copyright agreements with celebrities that protect and monetize their work when the celebrity is using it.

What Can You Do If A Celebrity Posts One Of Your Photos on Social Media or Elsewhere?

If a celebrity posts a copyrighted image on their social media feed like an Instagram page, there are several options you can consider. You might:

• Ask the celebrity to remove the photo. If you don’t want your photo to be posted by a celebrity or other public figure, ask them to take down the image. Explain that it’s copyrighted, violating your legal rights, and demand they stop using it.
• Ask the platform to remove the image. You can issue a takedown notice to Instagram, Facebook, or other social media site, letting it know that someone is violating your copyright.
• Consider contacting a lawyer who specializes in copyright law to learn more about your legal rights.

Should You File a Copyright Infringement Suit?

There are some advantages to filing a copyright infringement suit. For example,

• If a photographer allowed celebrities to violate copyright without exercising all legal options, the photographer wouldn’t be able to make a living.
  Taking action to enforce copyright actively engages you in protecting and enforcing your legal rights and allows you to maintain control over your work.
• By filing a lawsuit, you can earn back any money lost as the result of someone else’s copyright violation.
• Damages can include substantial compensation like statutory damages for each copyright infringement.

Call Our Copyright Infringement Lawyers To Learn About Your Legal Rights

At Sanders Law Group, we are dedicated to helping celebrity photographers protect and enforce copyright. Call us today to learn more about your legal rights and how we can help you collect the maximum damages allowed under copyright law.

Ask yourself the following: Has a celebrity been posting one photo you took of them on social media like Instagram? What is the effect of the use of your photo on the value of your work? Has posting ruined the potential market for your pictures?

These are important considerations when contemplating a copyright lawsuit. Let our lawyers explain copyright laws, the process of filing a complaint, heading to federal court, and how copyright infringement claims work. Together, we can determine the best course of action that can result in the maximum damages allowed by law.

If you suspect someone has infringed upon your work, Sanders Law Group, today at (800) 979-3707 for a free evaluation of your copyright claim.

Why Photographers Need Copyright Infringement Lawyers

Professional photographers work tirelessly to create images that can inspire us or capture memories to last a lifetime. Our copyright attorneys understand the time, effort, and skill that goes into creating original work.

We know how important it is for creative professionals to be able to make a living by selling their work and getting compensated when someone uses it without permission.

Our copyright infringement attorneys also work tirelessly – to address copyright infringement, provide legal advice, and file copyright claims for our clients, many of whom are photographers who discover the unauthorized use of their work.

What Does The Copyright Act Provide For Photographers?

Most photographers love creating their art but also understand that “business is business.” Copyright laws exist to protect artists’ control over their original creations. It ensures copyright owners have exclusive rights to decide what happens to their work – including who may use it and how.

The holder of a copyright has the exclusive right to grant permission to use their work, usually in the form of licenses. A copyright owner can set the terms of compensation and the scope of usage of the materials.

Under copyright law, professional photographers and other artists have the right to file a copyright infringement case in federal court when someone uses their work in violation of a licensing agreement or without permission at all. Without copyright protection, artists might not have the incentive to continue creating.

Should Photographers Register Their Copyrights?

Copyright is automatic, which means that photographers don’t have to register their work with the copyright office to hold valid copyright.

That being said, photographers should apply for copyright registration with the U.S. Copyright Office.

Why register your copyright? Registering copyright can make it easier to prove ownership if copyright infringement occurs. It also creates a public record of the copyright, so people will know if your work is protected.
Registering can also allow you to collect attorneys’ fees and statutory damages if you file a copyright infringement lawsuit. Registration is not required for photographers to enforce their copyrights. It can, however, make it easier.

What is Copyright Infringement?

Copyright infringement occurs when anyone violates the exclusive rights of the copyright holder. Basically, copyright law protects “authors,” including photographers and other creative artists who create original works.

Copyright gives photographers and creative professionals the authority to prohibit others from duplicating or revising their work without their permission.

What Are Some Examples of Copyright Infringement?

Some common examples of copyright infringement that our copyright infringement attorneys see include:

• Copying or distributing another’s pictures without permission
• Reproducing photographs in magazines, books, or other publications without permission
• Using a photograph in a way that is likely to cause confusion about whether the person using it is the copyright holder or not
• Creating derivative works based on someone else’s photograph, such as editing their work or creating a painting based on one of their photographs.
• Unauthorized use of photographs, such as logos, memes, or other images on social media sites
• Using a photograph in an advertisement or promotional materials without permission

These are some examples of situations that form the basis of the copyright infringement claims our copyright attorneys handle on a regular basis.

Seeking Compensation for Copyright Infringement

If a photographer’s work is copied without permission, the photographer has every right to seek compensation by filing a lawsuit in federal court.

If you believe that your copyrighted picture has been duplicated or distributed without permission, our copyright infringement lawyers for photographers can guide you through the process of filing a copyright infringement lawsuit.

You might have several causes of action that can fall under different sections of copyright law.

For example, you might have a claim under the Digital Millennium Copyright Act, a claim for willful infringement, actual damages, or be able to recover statutory damages.
We can also anticipate any defenses the infringing party might allege, such as “fair use.”
We can determine the way to help you obtain the maximum damages allowed in copyright litigation.

What Can Our Copyright Infringement Attorneys Do For You?

Our copyright infringement lawyers work hard to protect our clients’ copyrights. We can also help creative professionals who have had their work stolen by performing the following services:

• Sending cease-and-desist letters and contacting offending parties on behalf of our clients
• Filing copyright infringement lawsuits in Federal Court
• Sending a demand letter to remove a picture from a website
• Reaching out to third parties who might also be accountable for infringement or who can provide evidence to help with your infringement claim.
• Seeking the maximum compensation for damages, which can include actual damages and legal fees. Registering copyright can allow a photographer to receive statutory damages up to $150,000 per work infringed if certain conditions are met.

Our Copyright Infringement Attorneys Ensure Photographers Receive Compensation For Their Work

Photographers need our copyright infringement lawyers because we are dedicated to standing up for their rights. We understand how challenging it can be to maintain control over your original work, especially in the digital age when it takes only a few seconds to copy and distribute something on the Internet or social media.

Some good news for you is that our lawyers know our way around the federal courts and have unparalleled experience providing legal advice to creative professionals regarding copyright infringement.

More good news? Our copyright lawyers work on a contingency fee basis. What is a contingency fee basis? It means we do not get paid until you win your case.

Call Sanders Law Group For a Free Consultation

Our firm has experience handling copyright infringement cases and helping clients receive the compensation they deserve. Let us navigate your court case and ensure you collect the maximum amount of damages allowed by law.

Call us today at (800) 979-3707 to schedule your initial consultation. If you are a copyright holder and think someone is using your work without permission, call Sanders Law Group, now to find out how we can help protect your rights.

Important Things Photographers Should Know About Copyright to Protect Their Work

Do you know what copyright law is? Do you know how to protect your work and rights using copyright law? You’re not alone if the answer is no. Many people are unaware of this important legal issue – and it’s hurting their ability to earn a living. In this blog post, we’ll talk about some things that photographers should be aware of when it comes to copyright law and protecting the exclusive rights to their work.

What Is Copyright?

Copyright law deals with legal protections for creative and artistic works. Artistic works can include musical compositions, photographs, sound recordings books, and more. The goals of copyright law are to protect both the artist or photographer’s ability to make money from their work, as well as public access to those works. When you are a copyright owner or copyright holder, you hold the exclusive rights to the work, including the right to decide if they should be on public display.

What is Copyright Infringement?

Copyright protection provides artists, like photographers, the ability to prevent and seek legal remedies related to other people trying to make money off of their creations. Copyright infringement is the act or process of taking someone’s creative work without permission (and usually using it for financial gain).

How Do You Get Copyright?

Copyright is automatic and doesn’t need to be registered. The minute you create something original like a photograph, it’s protected by copyright law.

If you want, you can register your work with the federal Copyright Office. This registration will last for up to 75 years, and it will provide you with a copyright certificate to prove that the work is yours.

Registering your copyright with the US Copyright Office is a good way to protect yourself from potential infringement because your ownership is in a public record. The fact that you hold valid copyright will not be a disputed issue. Registering also allows you to sue someone for copyright infringement and seek statutory damages in court.

What Happens if Someone Violates Your Copyright?

Copyright law is used to prevent copyright infringement and seek damages when it does occur. For example, if someone takes your photograph and uses it on their website or social media without permission from you, it is likely a violation of copyright law.

If your work has been used without permission or license, there are legal steps you can take to stop someone from continuing to use your work or pay you for the infringement. The first thing you should consider doing is registering your copyright if you have not already done so.

Next, consider having a copyright infringement lawyer send a cease and desist letter. This is typically the first step in copyright infringement litigation before going to court. This letter aims to notify the infringer that they are violating your copyright and demand that they stop their violation immediately.

If the cease and desist letter doesn’t work, and even if it does, your next step might be a copyright infringement lawsuit. If you file a copyright infringement case, you can seek damages for lost profits, statutory damages, or punitive damages in some situations.

What Are Some Examples of Copyright Infringement Involving Photographs?

Some common copyright infringement cases involving photographs include:

• someone takes your photograph and posts it on their website or on social media without permission
• a company uses your photo in advertising but doesn’t give you credit or pay for the use of the image
• someone copies your photograph when making a painting or art project
• someone uses your photograph in their book without including you as the photographer in the book’s acknowledgments
• someone copies your photograph in a blog post without including you as the photographer in the byline

This is not an exhaustive list – these are just some of the common copyright infringement cases involving photographers.

When And Why To Seek Help From Copyright Infringement Lawyers

It’s important that photographers understand their rights to protect themselves from copyright infringement. But, photographers should seek the help of experienced copyright infringement lawyers if they think someone is violating their copyright.
Copyright lawyers understand the variety of legal options available to protect photographers and other creative professionals. Copyright infringement lawyers know that artists deserve compensation when someone profits from their hard-earned work by using it without permission, license, or payment.

How can copyright infringement lawyers help?

• copyright infringement attorneys can provide guidance on copyright law and the various options available to photographers
• they may send a cease and desist letter or file an injunction when appropriate
• in some situations, these lawyers will negotiate with offenders for restitution.
• copyright infringement lawyers can help photographers and other creative professionals to seek statutory damages for lost profits, if applicable
• they may also be able to demand punitive or compensatory damages.

Call Sanders Law Group if You Think Someone Is Violating Your Copyright

Copyright infringement lawyers at Sanders Law Group help photographers fight copyright infringement and collect the maximum damages allowed by law.

Call us today at (800) 979-3707 for a free consultation and find out how we can help you protect and enforce your copyright.

Does The DMCA Need An Update?

Congress passed the Digital Millennium Copyright Act (DCMA) in 1998, providing much-needed changes to copyright laws. The development and availability of the internet changed the way people create, distribute, copy, and purchase creative work. Copyright laws needed to keep up with technology if they were to continue to protect the rights of artists, photographers, writers, and other creative professionals. Some individuals Congress think the DCMA is already in need of an overhaul because it is not keeping up with changes in technology.

What Are The Basics of Copyright Law?

Copyright basics remained unchanged by the DCMA. Copyright protection still exists the moment original works of authorship are fixed in a tangible medium of expression from which they can be “perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” Works of authorship can include things such as:

• Sound recordings
• Video recordings
• Literary works such as books and poems
• Musical and lyrics
• Sculptures
• Photographs
• Paintings
• Motion pictures
• Sculptures
• Graphic
• Choreographed works

No part of US Copyright law protects ideas, facts, data, methods, or concepts.

What Does the DMCA Do?

The DMCA addresses some of the issues arising from new technologies that have made it more challenging for artists to retain control over their work. The ease of file-sharing, downloading, and reproducing work made it necessary for Congress to provide additional guidance and protections for artists and digital platforms.

Specifically, DMCA provides guidance on making “take-down” requests and holding internet platforms liable for posting unauthorized content. For example, when someone with a YouTube channel posts a video or uses a copyrighted photograph without a license or permission, the copyright holder can request the content be taken down, and the poster and YouTube might be liable for damages.

DMCA also offers “safe harbor” immunity under certain circumstances, limiting the secondary liability of internet platforms when users post unauthorized content.

Recent Changes to Copyright Law

One significant change related to copyright law is the Copyright Alternative in Small Claims Enforcement Act (CASE Act).

The CASE Act created a small claims tribunal to handle copyright infringement claims that relate to DMCA take-down procedures. The Copyright Claims Board is not yet operational but should be by the end of 2021.

Bringing a case before the board instead of filing a lawsuit in district court is voluntary. The CASE Act caps damages for claims brought before the board to 30,000.

Are More Copyright Law Changes Ahead?

Other changes to copyright law might be on the horizon. The Digital Copyright Act of 2021 is a proposal to “modernize US copyright law,” including DMCA, by amending key provisions addressing online infringement, among other things.

NC Senator Thom Tillis believes that current copyright law is “ill-suited” for the needs of most copyright holders and internet users. His office states, “Rather, than tinker around the edges of existing law, copyright modernization ought to reform the framework to better encourage the creation of copyrightable works and to protect users and consumers who are making lawful uses of copyrighted goods and software-enabled products, respectively.”

Under some of its key provisions, the Digital Copyright Act of 2021 could:

• Create liability limitations for good-faith users who try to locate the identity of a copyright holder but fail
• Provide copyright owners with a cause of action against a party for altering, removing, or replacing attribution information with the intent to conceal the identity of the copyright holder
• Move the Copyright Office under the Department of Commerce
• Replace the current notice and take-down system with a notice and stay-down system
• Decrease the level of specificity required for copyright owners to identify infringing material

Tillis summed up his perspective by stating, “The Digital Millennium Copyright Act was passed in 1998, and while it was revolutionary at the time, the law simply hasn’t kept pace with changes in technology. The DMCA is now antiquated and is past-due for modernization” In only 22 years since it was passed, the DMCA might be outdated.

Call The Sanders Law Group, if You Need Copyright Protection

At the Sanders Law Group, our lawyers help photographers, and other creative artists collect damages when someone violates their copyright. Call us today at (800) 979-3707 for a free evaluation of your copyright claim.

Source:

• https://www.tillis.senate.gov/services/files/0B0551E3-4CA2-4B49-9896-56427B7B7F77

Designer Files Multi-Million Dollar Lawsuit Against Capcom For Copyright Infringement

Designer and photographer Judy A. Juracek filed a lawsuit in June 2021 against the Japanese game company Capcom. In her complaint, Juracek alleges that the company used dozens of her copyrighted photos in various video games. She is asking the court for up to $12 million in damages for copyright infringement. Juracek also wants an additional $2500-$25,000 for each photograph Capcom used for the “false copyright management and removal of copyright management.”

What Are The Allegations of The Multimillion-Dollar Copyright Case Against Capcom?

Juracek claims that Capcom used photos from her book “Surfaces” in some of its video games. Juracek holds the copyright to her book, which was published in 1996. “Surfaces” contains more than 1,000 images of different “textures,” all of which were photographed by Juracek. According to the book, its intended use is for “visual research.”

The book comes with a CD-ROM containing the images. Juracek asserts that she requires companies that wish to use any of the pictures for commercial use to obtain a license- specifically that the CD contains a copyright notice. The CD also allegedly contains information about suggested uses and instructions on how to request and receive commercial licenses of the image. The lawsuit also claims that those who obtain a license of the images receive higher resolution files than the CD. Juracek alleges that at no time did Capcom request or receive such a license.

The lawsuit alleges that more than 80 of Juracek’s images were repurposed for Capcom games, including the logo for Resident Evil 4. Her complaint claims that Capcom used her pictures more than 200 times in various games. In the more-than-140-page lawsuit, she alleges that architectural details, floors, and walls contain her photos in addition to the logo.

At least one of the images had the exact same file name as the one found on the Surfaces CD ROM.

In addition to asking for millions in damages, Juracek wants all of the video games and other products containing her unlicensed images to be destroyed.

Interestingly, some of the evidence for Juracek’s claim came from Capcom’s data breach that occurred last year. Hundreds of thousands of pieces of data were stolen from its servers. Juracek alleges that some of the information stolen included “high resolution images of artwork used in Resident Evil and other games.”

At least one expert thinks this lawsuit might result in significant damages for Juracek. Kain Jones, the CEO of Pixsy, stated, “This case highlights what we see on a daily basis; some large organizations believe they have the upper hand against creators. Unfortunately, the law does not agree. As Capcom generates significant revenues from the unlicensed use of Ms. Juracek’s work, significant damages would seem fair and in line with copyright law.”

We will have to wait and see what the outcome of this case is but it might mean millions for Juracek.

Photographers Call Our Copyright Infringement Lawyers For Help

Call the Sanders Law Group today to find out how we can help you enforce your copyright. We want to ensure that photographers and other artists are not taken advantage of by big companies like Capcom. You have rights. When someone violates your copyright, you might be entitled to significant damages.

Call us at (800) 979-3707 to learn how we help photographers around the globe collect compensation for copyright infringement.

Source:

• https://www.rangefinderonline.com/news-features/industry-news/photographer-suing-video-giant-capcom-for-12m/
• https://www.videogameschronicle.com/news/capcom-faces-a-12m-lawsuit-after-data-leak-allegedly-shows-it-stole-photos-for-resident-evil/

Celebrity News Agency Sues Clothing Company For Copyright Infringement

Another copyright infringement lawsuit has been filed because of the allegedly unlicensed, unauthorized use of pictures on Instagram.

In February 2021, Backgrid sued Outdoor Voices for copyright infringement over the defendant’s use of a photograph of model Alessandra Ambrosio. In its lawsuit filed in California, Backgrid also accused Outdoor Voices of infringing on its copyright to two photos of Harry styles.

Copyright law exists to ensure that creative artists retain control over their work. For example, when a photographer takes a picture, they immediately hold the exclusive rights to that picture. Some photographers sell their rights to agencies or grant licenses to their photos for limited or unlimited use. The point being, the party that holds the copyright, has control over the pictures. In Backgrid v. Outdoor Voices, Backgrid claims to own the copyrights to the images in question and that Outdoor Voices used them without a license or other permission.

Who Are The Parties To This Copyright Infringement Lawsuit?

Backgrid is a “celebrity News agency.” It is in the business of purchasing pictures of celebrities from photographers. Backgrid then puts the photographs through a “rigorous editing and quality control process” that results in “visually stunning, editorially appealing” content that is ready to be published. Backgrid then sells, licenses, and distributes the finished images to news and media outlets around the globe.

Outdoor Voices is a clothing business that designs and creates activewear. Its mission is to “get the world moving” by designing clothing that is easy to wear and appropriate for any activity. The fabrics utilize compression technology to flatter the body while remaining comfortable. The company hopes its clothing will encourage low-key workouts and everyday movement.
According to an article in the New Yorker, “The clothes photograph beautifully.”

Backgrid Accuses Outdoor Voices of Infringement

In the complaint’s central allegation, Backgrid accuses Outdoor Voices of violating its copyright by using a photograph of Alessandra Ambrosio without permission or license. The photo in question is one initially taken by photographer Silvio Antonio. The picture is of Ambrosio walking down the street wearing an Outdoor Voices sweatsuit.

Backgrid claims that Outdoor Voices copied the image and put it on its Instagram account on February 5, 2020, without a license. Backgrid learned of the infringement on February 6, 2020. Backgrid also claims that Outdoor Voices violated its copyright when it posted two separate photos of Harry Styles wearing Outdoor Voices clothing back in 2018.

In its complaint, Backgrid accuses Outdoor Voices of using the unlicensed photos specifically to promote their clothing line. Backgrid claims that using the pictures in this way, without a license, undermines Backgrid’s business model by devaluing the images, driving away clients who pay considerable fees to use the images, as well as potential future customers.

It is still too early to determine the outcome of this case, but some issues the court might address include:

• Does Backgrid have a valid copyright to the pictures in question?
• Will Outdoor Voices offer a defense to posting the pictures such as the “fair use doctrine?” or assert that Backgrid suffered no damages?
• Did the defendant alter the photographs at all?
• Does copyright law protect the photos in question?

Dozens of cases have been filed during the last few years by photographers and creative agencies that find their copyrighted images on celebrity and commercial Instagram feeds- pictures that have not been purchased, licensed, or granted permission for use. Time will tell how this copyright lawsuit turns out and if Backgrid will collect damages from Outdoor Voices.

Call Sanders Law Group, if Someone Violates Your Copyright

Our copyright infringement lawyers can help you collect the damages you are entitled to when your work gets used without permission.

Call Sanders Law Group, today at (800) 979-3707 to speak to our copyright infringement lawyers. We represent photographers and creative artists around the globe to ensure you receive payment for your hard work and damages when someone violates your rights.

We offer free copyright infringement consultations so call (800) 979-3707 today.

Source:

• https://www.newyorker.com/magazine/2019/03/18/outdoor-voices-blurs-the-lines-between-working-out-and-everything-else
• https://www.backgrid.com
• https://www.thefashionlaw.com/from-bella-and-gigi-hadid-and-goop-to-virgil-abloh-and-marc-jacobs-a-running-list-of-paparazzi-copyright-suits/

Photographer Sues Hearst For Copyright Infringement

Photographer Nick Onken recently filed a lawsuit in the Southern District of New York alleging Hearst Communications owes him damages for copyright infringement. Onken claims that Hearst used his copyrighted photographs without permission, consent, or credit. In the lawsuit filed in June 2021, Onken asks the court to award “statutory and enhanced damages, attorney’s fees and costs, and pre-judgment interest.”

Who Are The Parties in This Copyright Case?

Nick Onken is a professional photographer. More specifically, and according to the complaint, he is an “accomplished and critically acclaimed photographer, podcast host, and creative entrepreneur. Onken has photographed many A-list celebrities, including Justin Bieber, and performed work for huge international brands and publications.

Hearst Communications, Inc. is a massive multimedia corporation with more than 350 businesses, including more than 200 magazines. Cosmopolitan Italia is one of them and is the named defendant in Onken’s lawsuit. Cosmopolitan Italia is the Italian version of Cosmopolitan.

What Are the Allegations in this Copyright Infringement Lawsuit?

Onken alleges that one of his copyrighted photos appeared in Cosmopolitan Italia and that the defendant did not purchase a license, secure permission, or give credit to him. The picture is of two nearly identical models wearing blue mirrored sunglasses with a “third eye.” The picture is attached to the complaint as Exhibit A. Onken states that he registered his copyright to the picture in question.

Exhibit B shows the same picture as it appeared in the defendant’s magazine. In this version, however, the models are flanked by two cartoon drawings. One is of a man with a third eye. The other features a man in sunglasses, looking toward them all with a finger to his face as if he has an idea. The caption reads “occhiali da sole tendenze,” which translates to “sunglasses trends.”

Onken’s complaint alleges that the defendant made an identical copy of the picture from the plaintiff’s website or other digital location and used it to create and publish derivative work that violates copyright law. The complaint also alleges that the reproduction and copying infringement was willful, intentional, and malicious.

The complaint also accuses the defendant of knowingly providing false copyright management information by removing the data/URL from the original image and replacing it with its own attribution information. If this is true, publishing and distributing the information might violate 17 U.S.C. § 1202(a).

The plaintiff, in this case, asks that the court stop the defendants from use of that picture and demand they remove the infringed-upon pictures. Onken wants it removed from any and all websites and or print publications owned or controlled by Hearst.

Onken also requests the maximum damages allowed by law, including profits the defendants earned from the infringement, losses suffered by himself, and applicable statutory damages, attorney’s fees, and court costs.

This seems like a slam-dunk for Onken unless the defendant can prove that he does not have a valid copyright, that the image falls within fair use, or that the picture is somehow not derivative. We will have to wait and see how things play out.

Is Someone Infringing on Your Copyright? Call The Sanders Law Group.

Photographers call the Sanders Law Group when they need copyright protection. Our copyright infringement lawyers fight for the rights of photographers around the globe and can do the same for you. Copyright law exists for your protection.

Don’t let copyright infringement devalue your hard work. Call the Sanders Law Group at (800) 979-3707 today for a free copyright infringement evaluation.

Source:

• https://www.docketalarm.com/cases/New_York_Southern_District_Court/1–21-cv-04892/Onken_v._Hearst_Communications_Inc._et_al/1/

Basic Copyright Facts Made Easy for Creative Professionals

Everyone has heard the word “copyright.” The same is true of the terms “copyright infringement” and “copyright violation.” But have you ever stopped to think about what these things truly mean? If you are a photographer or other creative professional, you probably have.

But, many people who seek to get a basic understanding of copyright laws and their ownership rights over their work find lengthy, confusing articles. Whether you are embarking on a career as a creative professional or an established artist, you should have a handle on some key concepts that often arise in conversations and lawsuits about copyright.

Understanding your core rights is crucial to protecting them and seeking help when you need it. At Sanders Law Group, our lawyers focus their practice on ensuring creative professionals, especially photographers, receive outstanding representation when facing copyright infringement. Our goal is to ensure that your work is protected and that you receive the maximum amount of damages allowed when someone violates your copyright.

Here, we share some basic facts about Copyright that can jump-start your education regarding ownership of your work.

Copyright: Copyright is essentially the right to use and reproduce your work

Your Work: You own the copyright to your work the second you create it. In the context of photography, the second you click that button, you own the work. It is yours unless and until you assign some or all of your rights to someone else.

Work for Hire: If you are an employee and generating images is part of the employee/employer relationship, the employer that hired you owns the work. The copyright belongs to them.

Freelance Work: If you work as a freelance photographer, you own the rights to your pictures unless you have agreed to give or sell some or all of your rights to the client.

Ideas: You can’t copyright an idea.

The Copyright Symbol: It is unnecessary to use the copyright symbol (with or without your name and the year you created it) on your pictures. It does not affect your rights. But, it might give you a legal advantage if someone infringes on your copyright. It can help prove the infringer knew they were violating your rights.

Copyright Registration: Registering your copyright with the US Copyright Office is not necessary to have ownership over your work. However, if you wish to file a copyright infringement lawsuit, registering your copyright is essential.

Copyright Infringement: This is the term used when someone uses copyrighted material without permission.

Internet Copyright Infringement: If someone takes one of your pictures from the Internet and uses it without your permission, it is copyright infringement.

Fair Use: This is one of the exceptions to copyright and a common defense in copyright infringement lawsuits. When newspapers use copyrighted materials for reporting and teachers duplicate copyrighted materials for classwork, copyright infringement does not occur. These are “fair use.”

Public Domain: This means anyone can legally use the pictures or other material for any purpose- no permission or compensation required. Works in the public domain usually include pictures or work that are very old and have expired copyrights or works that were never covered by copyright law.

Photographers Call Sanders Law Group, to File Copyright Infringement Claims

Having the basic facts is important. But, if you find yourself wondering if someone is violating your copyright, rely on professionals who have experience and substantial knowledge about copyright law and litigation.

Sanders Law Group, has the copyright lawyers you want representing your interests when someone infringes on your rights. We represent creative professionals worldwide, especially photographers, and know how hard artists work at their crafts. We also know that you deserve to receive payment for your work and compensation when someone violates your rights.

Our lawyers are here to help you protect your ownership rights over your work. We can ensure that if someone uses your pictures without permission or in violation of a license agreement, you collect the maximum amount of damages allowed. Call Sanders Law Group today at (800) 979-3707 to schedule your free copyright infringement case evaluation.

Source:

• https://students.colum.edu/career-center/articles/10-facts-about-copyright

Tips on Protecting Your Online Photos from Copyright Infringement

Photography has certainly changed since Congress created US Copyright Law. No one at that time considered that there might be digital cameras, the Internet, smartphones, and social media.

As more and more photographers publish pictures online, there is a greater risk than ever before someone might use them without your permission.

Why? Because it can be challenging to keep track of where your work ends up or how it is used once you upload it. Think about how many photographers have sued celebrities for copyright infringement in the last few years – many of the cases stem from actors and musicians posting copyrighted photos to Instagram or other social media platforms. Some cases involve pictures taken directly from a website that get used for creating commercial goods or in other ways.

It has become even more important that photographers maintain control over their work and seek damages when people violate copyright laws. Filing copyright lawsuits in federal court is one way to ensure you collect the maximum damages allowed by law. Recently, the CASE Act created an alternative forum to pursue copyright infringement claims for those who wish to take advantage of a less formal venue.

Photographers worldwide seek help from our experienced copyright lawyers at Sanders Law Group, when someone uses their pictures without permission. Our lawyers are dedicated to protecting and enforcing creative artists’ rights and ensuring you collect the damages the laws allow when someone violates those rights.

Here, we share with you some suggestions that might make it a little harder for someone to steal the pictures you post online.

Consider the following:

Adding a watermark to your pictures – This is an easy way to deter image theft. Adding a small logo, piece of text, or stamp is a simple way to let people know you own the picture. Even people seeking “casual” use of an image will usually bypass one with a mark. For instance, someone looking for a picture to insert into a paper, presentation, or website blog post, will probably not choose one with a watermark. They will likely look for a similar photo that suits their purposes without one.

Getting a barcode – Some companies sell barcoding services for photographs. They essentially give each of your photos a digital fingerprint which makes it traceable-wherever it ends up on the Internet.

Trying not to post high-resolution photos or files – If someone gets a hold of one of your high-res images, it makes it easy for them to do with it as they please. It is much more difficult to reproduce or copy a photo with a lower resolution. It is crucial that you keep the high-resolution copy for yourself as it can help you prove ownership if necessary.

Consider compressing photos or reducing their quality before uploading them.

Adding copyright information to the metadata – Some programs allow you to embed your copyright information right into a JPEG file.

Reading the terms and conditions of websites – Before you submit photos to any website or sharing platform read the terms! Submitting to certain sites can mean you are compromising some of your rights. For example, you might be granting a creative commons license when you upload a photo, or you might be giving the right to embed your photos. Read carefully, so you know what you are getting yourself into by posting your photos online.

What if Someone Takes Your Photos?

Even if you try, it is not always possible to prevent someone from infringing on your copyright.
What do you do if someone steals your photos? What if they are violating the license you granted? There are plenty of things you can do if you think (or know) someone has violated your copyright.

Perhaps the wisest choice is to call our copyright infringement lawyers at Sanders Law Group. We are dedicated to making sure photographers receive damages when someone uses their work without permission or compensation. We know how hard it is to be a creative professional and want you to know that you do not have to tolerate violations of your copyright.

Call Sanders Law Group, For Copyright Protection and Enforcement

Schedule a free consultation with our copyright infringement lawyers by calling (800) 979-3707 today.

Source:

• https://www.naturettl.com/6-steps-to-protect-your-photos-online/

The US 2nd Circuit Court of Appeals Reverses Lower Court Ruling in Copyright Case

Celebrity photographer Lynn Goldsmith won her copyright lawsuit against the Andy Warhol Foundation.

In the initial lawsuit filed in New York Federal Court, the court decided that Warhol made “fair use” of the picture. Goldsmith appealed the verdict, and the appeals court decided in the photographer’s favor. In their reversal of the lower court’s 2019 decision, the 2nd Circuit determined that Andy Warhol violated Goldsmith’s copyright to a photograph of Prince she took in 1981.

In 1981 Goldsmith did a photoshoot with Prince as part of an assignment for Newsweek. The photos were never published. In 1984, according to court documents, Vanity Fair licensed one of her portraits of Prince for artistic use for an illustration commissioned by Warhol.

Warhol went on to create 16 works based on the portrait. Goldsmith learned about them in 2016 when Vanity Fair re-published them after Prince’s untimely death. Vanity Fair did not credit Goldsmith.

The Andy Warhol Foundation struck first in this case, asking the court for a declaratory judgment stating that the “Prince Series” did not violate Goldsmith’s copyright.
Goldsmith then proceeded to file a countersuit against the foundation.

Appeals Court Overturns Verdict: Photographer Wins Copyright Case

The lower court’s ruling in favor of Warhol stated that the artist’s use of the portrait was fair use. Goldsmith disagreed, arguing that Warhol’s creations did not transform the original.

In the earlier verdict, the judge found the Warhol images were fair use because they transformed a “vulnerable, uncomfortable person” in Goldsmith’s original photograph into “an iconic, larger-than-life figure.”

The lower court based its decision in part on a previous 2nd circuit court case in which the court ruled in favor of “appropriation artist” Richard Prince. In that case, the artist altered photos from a book by Patrick Cariou. Cariou sued the artist for copyright infringement and lost. Cariou appealed the verdicts, but the parties settled out of court.

The circuit court acknowledged that case but stated that “It does not follow, however, that any secondary work that adds a new aesthetic or new expression to its source material is necessarily transformative.” The court determined that the “Prince Series” was likely derivative instead, and therefore, violated Goldsmith’s copyright. The court added that Goldsmith’s photo of Prince and Warhol’s works serve the same function: portraits of the singer.

The Warhol Foundation plans to continue the appeals process. In the meantime, Goldsmith is grateful for the victory. “I fought this suit to protect not only my own rights, but the rights of all photographers and visual artists to make a living by licensing their creative work-and also to decide when, how, and even whether to exploit their creative works or license others to do so.”

Photographers Call our Copyright Infringement Lawyers Today

At Sanders Law Group, our lawyers represent photographers around the globe and other creative artists when people violate their copyrights.

We dedicate our practice to ensuring photographers receive compensation for their hard work and enforce their rights when they don’t.

Call Sanders Law Group, at (800) 979-3707 for a free copyright infringement

Source:

• https://news.artnet.com/art-world/andy-warhol-foundation-loses-lynn-goldsmith-copyright-lawsuit-1955399