Photographer Sued Diesel and Terry Richardson Over Alleged Copyright Infringement

Photographer Sued Diesel and Terry Richardson Over Alleged Copyright Infringement

There is a fine line between inspiration and plain old theft – especially when it comes to photography and pictures.

Haleigh Nickerson, a photographer, digital artist and a woman of color based in Los Angeles, sued Diesel and Terry Richardson for willful copyright infringement.

In 2016, Nickerson created her “Sista Soulja” image, which was subsequently included in an LA art show. The picture was featured along with other similarly themed images under the title “Girls Who Dance in Dissonance.”

All the images show a woman of color in front of a red background with white stars, all of them wearing costumes in varying shades of green, red and black.

In 2017, according to the lawsuit, Diesel included a photo that was very similar to Nickerson’s “Sista Soulja” photo in its campaign titled “Rules for Successful Living,” in which Richardson was the photographer. The picture in the Deisel campaign showed a similar woman of wearing clothes in black, red and green, featuring the same background as Nickerson’s original image.

Nickerson’s lawsuit also pointed out that while the title of her work was “Sister Soulja,” Diesel called their picture “Sister Siren.”

A Diesel representative rejected Nickerson’s claims of copyright infringement, telling WWD that the image in question was shot long before Nickerson shared her picture with the world. The Diesel representative said the company will respond to Nickerson’s complaint.

Nickerson is seeking an undetermined amount of damages including all profits derived from the use of the what she claims to be her copyrighted picture. She also asks for compensatory damages. Nickerson’s complaint also demands that all the images used by Diesel be destroyed and that Diesel stop using her work without her permission immediately and permanently.

What Photography Copyright Infringement?

There are only essentially two elements to show when it comes to copyright infringement in photography:

  • Someone, presumably the photographer, holds a valid copyright
  • Another person or entity is infringing on the copyright

In the case of photos, infringement often occurs in two ways: replication and imitation. In other words, copyright infringement of photos usually occurs when someone copies pictures without permission or creates imitations that are substantially similar to the original. Such use of photographs can be copyright violations because the original and copied photos are the same or substantially similar.

How is Substantial Similarity Determined in a Copyright Infringement Case?

In Harney v. Sony Pictures Television, Inc. No. 11-1760 (1st Cir. Jan. 7, 2013), the US Court of Appeals for the First Circuit held that a photograph may have both protected and unprotected elements, but only the protected elements would be relevant to the determination of substantial similarity.

Protected elements usually include the photographer’s originality, which can involve thing such as lighting, positioning, angle, focus, and timing. In Harney, the court held that there was no substantial similarity because the similar components of the images in question were unprotectable.

Examining the Diesel case under the lens of substantial similarity, there might be similarities in the lighting, clothing colors, and background of the images in question. The court has yet to decide the case but it is important to remember that when it comes to the substantial similarity of photographs – the determination is made on case-by-case basis.

Contact Our New York Photography Copyright Lawyers for a Free Consultation

If you find a photograph that looks similar to your existing photographs, you might have a copyright infringement claim. Call our New York copyright infringement lawyers today for a free consultation.

Schedule your free consultation today, and see how we can help protect your rights and collect damages for copyright infringement.

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Man Sues Netflix for Using is Photography on “Stranger Things”

UK Photographer Sues Netflix For Using His Photo on Hit Series “Stranger Things”

Sean R. Heavey was watching Stranger Things on Netflix when he saw a cloud that looked utterly familiar – similar to a supercell thunderstorm that he shot across the Montana prairie in 2010. It appeared that Heavey’s photo was used to create a scene on the hit show and was even used as concept art by the crew.

When Heavey wrote to Netflix, the company, through its lawyer Jarin Jackson, informed him that the cloud in the photo was not protected by any copyright, stating that the “only similarity that exists is the use of a similar cloud formation, that copyright law does not protect objects as they appear in nature, and that an artist can’t claim monopoly over real-world public domain objects such as a cloud formation.”

However, the problem with Netflix’s case might be that they allegedly did not use a similar cloud formation but used Heavey’s photo in the concept art without his permission or a license.

Although the photo was used as concept art and may have initially been shown only in-house, it became part of Stranger Things’ behind the scenes documentary, making it available to the general public.

Heavey has filed a complaint with the US District Court in Great Falls, Montana, and seeks to prevent Netflix from using the photo without any permission or license. Heavey is also asking the court for an unspecified amount of damages and attorney’s fees.

Is There Copyright Infringement When Two Photos Look Similar?

The courts generally use a test of substantial similarity in cases of copyright infringement. Although there is no hard and steadfast rule on similarities, there are standards that courts use to assess whether there is an infringement or not.

The similarity element must be present. The actual composition has to be similar – it cannot just be the same idea. Ideas cannot be copyrighted, but the composition, the colors, sizes, shapes, and more make up the copyrighted photo.

Take this as an example: someone took a photo of a tree leaning in a certain way against a backdrop of the mountains in a particular spot. He edited it according to his creative process, framed it nicely, and then posted that photograph online. Someone then downloaded the photo, edited it so that the colors are changed, and then sold it online as shirt prints.

In this case, the average person would probably confuse the new photo used on the shirts with the original photo. It is possible that the courts would also consider them as substantially similar.

What Should I Do if I See Something That Resembles My Copyrighted Photograph?

If you see something that is substantially similar to your own photo or artwork, you might consider notifying the party that uploaded the artwork. You may also want to notify the platform owner. Sometimes, they will help you resolve your copyright issues.

You should also consider speaking with experienced copyright lawyers to ensure your rights are fully protected. You can be sure that companies like Netflix and other large digital media platforms will have lawyers representing them. It would help if you had dedicated copyright infringement lawyers working to ensure your work receives the protection it deserves. And that you receive the compensation the laws allow.

Our Copyright Lawyers Can Help Protect Your Copyright And Claim Damages For Copyright Infringement.

Whether you are a photographer or a digital artist, your photos and artwork are protected by our copyright laws.

If you have experienced copyright infringement or need legal advice on your copyrighted works, call Sanders Law Group today at (800) 979-3707 and schedule a free consultation with our experienced and dedicated copyright lawyers.

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Houston Photographer Filed a Copyright Lawsuit Against NFL Star for Posting on Instagram

Photographer Sues Deshaun Watson for Copyright Infringement on Instagram

Be careful of what you post on Instagram – even if the subject of the photo is you. Deshaun Watson, the quarterback for the Houston Texans, is learning this the hard way.

A Houston-based freelance photographer has sued Watson for the alleged unauthorized use of his photos. The lawsuit stems from Watson’s posting of pictures of himself on Instagram- photos that another person took. Watson had not secured permission to use those photographs.

Aaron Sprecher, an independent contributor to The Associated Press, said that Watson infringed on his copyright when Watson posted at least three photographs that Sprecher made. Sprecher further alleged that Watson never obtained any license or permission from Sprecher, the NFL, the AP, or even the Houston Texans.

Sprecher took two of the photos at the heart of the lawsuit before a 2017 game between the Texans and the Bengals. One picture is of Watson in a suit, wearing headphones, and another of Watson in uniform, ready to take the field. Combined, these photos racked up nearly 150,000 likes on Instagram. Sprecher took the third photo in question at the pro bowl practice. It is of Watson signing autographs.

This lawsuit is one of the many complaints filed by photographers against celebrities who use their photos without permission or license from the creator.

What is Copyright Infringement?

Copyright infringement happens when copyrighted material gets used without the owner’s permission. For example, when a content creator’s photos, artworks, or videos are used by someone else without the artist’s permission, there might be copyright infringement.

Copyright infringement is sometimes classified into two categories: primary and secondary. A primary infringement involves someone directly infringing on the copyright. A secondary infringement involves someone facilitating the infringement committed by someone else.

Can There be Copyright Infringement If a Person Uses My Photos Even If They Are the Subject?

The short answer is yes. When the subject of your pictures uses them without your permission or a valid license, there can still be copyright infringement. In fact, it is becoming more and more common that photographers assert their rights to pictures they take of celebrities, athletes, and models. Many of these individuals incorrectly assume they can use pictures of themselves any way they want.

For example, as a freelance photographer, you may license your photographs to online stock photo platforms. You enter a licensing agreement with that platform allowing them to sublicense your photos to their clients.

Suppose you took a photo of a model and licensed it as a stock photo. You then found out that the model posted it on Instagram without any license from the online platform or permission from you. This could be a copyright infringement, even though she is the subject of the photo.

If Someone Uses Your Photos Without Permission, Enforce Your Rights

Photographers should be mindful that even holding valid copyrights, it is easy to lose track of where their pictures wind up.
Being diligent about copyright infringement is one of the best ways to maintain your work’s integrity and value.

If you suspect someone is committing copyright infringement, you can send a demand letter asking the person to take the pictures down. You can also submit a DMCA request to the Online Service Provider.

To protect your rights and collect damages for the violation, you should contact experienced copyright infringement lawyers. At Sanders Law Group, we can ascertain the financial damages you have suffered, and help you determine a course of action that can ensure you collect the compensation allowed under copyright law.

Call Our Copyright Lawyers to Pursue Damages for Copyright Infringement

Our lawyers at Sanders Law Group have extensive experience representing photographers in copyright infringement cases against celebrities, models, and athletes who post pictures on social media without permission.

We are dedicated to ensuring that all creative artists understand the legal protection copyright provides, and they enforce their rights to collect damages when someone violates their rights.

Call Sanders Law Group today at (800) 979-3707 for a free evaluation of your copyright infringement claim.

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Copyright Lawyers Help Photographers and Others Understand DMCA

How Does the DMCA Affect Photographers’ and Creative Professionals’ Copyrights?

You have surely seen the letters “DMCA” somewhere when you were buying music, downloading a movie from the Internet, or even while uploading your own work to an online platform. It is not surprising, considering that the Digital Millennium Copyright Act (DMCA) covers the use of copyrighted materials online.

The DMCA was enacted in 1998 to address issues related to copyright in the growing community of online platforms and ultimately protect copyright holders in today’s fast-paced technology-filled world. The DMCA is a US law that implements various intellectual property treaties of the World Intellectual Property Organization (WIPO).

How Does the DMCA Protect Content Creators?

Content creators in the United States typically have copyright over their works at the moment of their creation. The DMCA protects copyright holders, such as photographers or videographers, giving them a mechanism to combat copyright violations when someone infringes on their copyrights on the Internet.

For example, a photographer may legally demand under the DMCA that someone on Instagram takes down his photograph posted without consent. A videographer may also ask YouTube to take down her video if someone uploaded the content without consent.

Under the DMCA, several actions related to copyrighted content are classified as criminal acts. These might include the circulation of technologies that intend to circumvent protections on copyrighted works and other matters involving copyright infringement on the internet. The DMCA also criminalizes the act of circumventing an access control, even if there is no copyright infringement.

It is worth noting that under Section 512 of the DMCA, online service providers (OSP) can be protected from liability stemming from copyright infringement that occurs on their platforms (the “safe harbor” provision).

The safe harbor provision of the DMCA limits the liability of OSPs when they meet specific criteria. This means that if someone uploaded your photographs on Flickr without crediting you, you might complain to Flickr. However, Flickr may avoid liability for the copyright infringement under the ‘safe harbor’ provision, with liability being on the Flickr account member who posted the photograph.

How Do OSPs Receive Protection Under the Safe Harbor Provision of the DMCA?

There are several requirements that OSPs need to meet to fall under Section 512. According to the Harvard DMCA Overview, the OSP must:

  1. Take action when it receives notice that infringing material is on its platform
  2. Remove repeat infringers
  3. Enact standard technical measures that are used by copyright owners to identify and protect copyrighted works
  4. Not have any knowledge of infringing content or not be aware of any facts that would make the activity or content apparent
  5. Not receive any financial benefit attributable to the infringing content

Remember – for an OSP to fall under the ‘safe harbor’ provision, it must meet these requirements. If it does not, the safe harbor provision does not provide protection.

Consider the following example; an online platform received a photograph, profited from it, and distributed it. You later found out that it was your photo and filed a complaint about copyright infringement. The OSP might not meet the requirements to invoke the safe harbor provision because it received a financial benefit from the material in question. This factor alone might take the OSP out from under the safety of Section 512, and you, as the content creator, could seek legal remedies from the OSP, together with the copyright infringer.

How Photographers Can Deal with Copyright Infringement on the Internet

If you find your creations somewhere on the internet, you can consider filing a complaint about copyright infringement. The first step is usually to send a cease and desist letter to the online platform or owner of the site where your work (and the infringement) is occurring. Many OSPs at this point would take action, especially huge online digital media platforms since that is one requirement needed to fall under the ‘safe harbor’ provision of the DMCA.

If an OSP ignores your request, they might be liable as well for copyright infringement. When this happens, you might be able to file a complaint for infringement against the one who committed the infringement and the owner or entity behind the online platform that hosted the infringed work.

Our Copyright Lawyers at Sanders Law Group, Can Help Photographers and Creative Professionals Fight Copyright Infringement

If you think someone or an OSP is violating your copyright, our copyright infringement lawyers can help you. We can help you file a complaint for copyright infringement against corporations and other entities to protect your rights. Our copyright lawyers are dedicated to ensuring that our clients’ rights are protected, whether you are an artist, a photographer, or a content creator.

Call Sanders Law Group today at (800) 979-3707 and let our copyright lawyers help you protect your photographs and other artistic creations. We offer free copyright infringement consultations with no obligation.

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Collecting Copyright Damages for Unauthorized Use of Photographs and Other Work

Collecting Damages For Copyright Infringement of Photos and Other Work

If you are a professional photographer or creator of original content, you may be entitled to substantial damages if someone violates your copyright. Speak with our copyright lawyers today to assess your rights.

Do you earn a living as a creative artist? A photographer, illustrator, writer or other creator? If so, you should know some basics about copyright law and what remedies you have when someone violates your copyright.

If you think someone is violating your copyright, you might be able to file a claim and seek damages for infringement. Our lawyers at Sanders Law Group, devote our practice to ensuring creative professionals, especially photographers, have protection from copyright infringement. Call us to schedule a free evaluation of your copyright infringement claim.

What Is Copyright Infringement?

Copyright law exists to protect your right to control your original creations. Copyright infringement is when someone uses your work without permission for their own personal gain. They might copy the work, display it, or put it on merchandise without getting your consent. Someone who violates your copyright is usually using your work to make a profit, all without asking or paying you.

There are three basic elements to prove copyright infringement:

  • Existence of copyright
  • Proof that someone copied the work
  • Unauthorized use harmed the copyright owner financially, legally, and socially

If you are the victim of copyright infringement and want to file a claim, call Sanders Law Group, and let us help ensure you collect the maximum damages the laws allow.

Collecting Actual Damages and Profits for Copyright Infringement

You can collect actual damages when someone infringes on your copyright. Actual damage can be hard to quantify. They equal the actual amount of money you lost because of the infringement. You might also be able to collect the profits the infringer earned using your work without permission.

Collecting Statutory Damages for Copyright Infringement

Some copyright holders choose to seek statutory damages instead of actual damages and profits. The amount of statutory damages is set by statute. You don’t have to prove the value of your losses when you seek statutory damages. You just have to establish the infringement. Since a judge or jury will award you an amount allowed under the statute, proving malicious intent and economic losses might significantly increase the amount of damages you receive.

Keep in mind that there are filing requirements if you want to be eligible to collect statutory damages. Your copyright must be registered with the US Copyright office either before the violation took place or shortly after that. To make sure you have time to register your copyright and seek statutory damages, speak to our copyright lawyers as soon as you think someone is violating your copyright.

Statutory damages are awarded per the number of works infringed. Damages usually range from $750 per work infringed to $30,000. Statutory damages can go as high as $150,000 per work infringed.

Call Sanders Law Group, to Learn More About Filing Copyright Infringement Claims

If you are a photographer or other creative professional, make sure you protect your copyright. Your work should remain under your control – this is why we have copyright laws. If you think someone is violating your rights, call our lawyers at Sanders Law Group.

At Sanders Law Group, we work hard to ensure you obtain the maximum amount of damages that copyright law allows. Call our copyright infringement lawyers today at (800) 979-3707 to set up a free evaluation of your copyright claim.

Stopping Copyright Infringement and Remedies

What is Copyright Infringement, and What are Its Remedies?

Copyright is one of the trickier parts of being a content creator. With the advent of social media and various platforms for content sharing, it is still quite surprising that creators are still unaware of copyright infringements and the many ways that they can protect their works.

If you are a photographer, videographer, graphic artist, or any kind of content creator, then read on to see how copyright infringement may occur and how you can use various remedies to ensure that you preserve your rights.

What is Copyright?

Simply put, copyright is a person’s legal right over his creative works.

For example, when a photographer shoots a photo, the copyright to that photo belongs to the photographer when it gets taken. Similarly, when a poet writes poetry, she owns the copyright to the poem at its making.

Of course, there are instances when the copyright may be passed or licensed to another. When an authorized person uses the work within the scope of the agreement between the creator and the licensee, there is no problem.

However, problems arise if a creative work gets used outside of the agreement’s scope, without permission, or without crediting the original maker of the intellectual work. When this occurs, the original creator may have a claim for copyright infringement.

How Does Copyright Infringement Occur?

Copyright infringement is the use of copyrighted material without the permission of the copyright holder. There are several ways infringement can happen. Here are the most common ways people infringe on copyrights.

  • Not securing permission to use a work

    There can be copyright infringement when someone does not have permission from the creator of the work. A good example is when your photograph gets printed in a newspaper, and they fail to license the image from you. Failing to secure permission through a license or other consent can be akin to infringement.

  • Taking credit over the work or passing it for his own

    This can also be called plagiarism, which is a form of infringement. When another person passes off another person’s intellectual work as his own, it is a form of copyright infringement. An example might be when a photograph is taken by you and is edited slightly by someone else, who puts his name as the original creator.
    Another example is directly copying a passage from another research paper and using it as your own. Passing something off as yours when it is not is a common way of infringing on someone’s copyrights.

  • Using the work outside the scope of an agreement

    This is usually applicable for creators who license their works to others. The licensing agreement normally governs their relationship, including the terms of the copyright agreement. However, there are still some instances when the licensee fails to abide by the agreement and infringes on the creator’s copyright.

    For example, a photographer licenses his photo for use on a product’s packaging. However, the licensee makes prints on tee-shirts and sells them for profit. Since the use falls outside the scope of the licensing agreement, it can also constitute copyright infringement.

What are My Remedies When Someone Infringes My Copyright?

There are several remedies available to enforce your copyright when somebody commits copyright infringement.

The most common way is to send a Cease and Desist letter. This usually demands the violator to take down the copyrighted material and stop its further usage. The letter is usually coupled with a Demand Letter, with a demand for damages, like fees and royalties.

Some violators are not swayed by letters and continue to violate your copyright.

You should speak to our copyright infringement lawyers to ensure you understand your options. There are ways to stop copyright infringement, including filing a legal action.

Contact Our Copyright Lawyers at Sanders Law Group Today

Our copyright lawyers are more than happy to help you pursue a copyright infringement claim. If you feel that your copyright is violated, such as your photos being used without your permission, we can help you collect the damage to which you are entitled.

Call Sanders Law Group, at (800) 979-3707 to schedule your free consultation. Our lawyers are dedicated to helping photographers and other creative professionals protect their copyrights

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Licensing Agreement and Copyright Lawyers

Can a Licensor Sue a Licensee for Copyright Infringement?

There are times when content creators such as videographers or photographers license out their works. Licensing material is a good income stream for creative professionals, especially since a licensing agreement allows them to license their work to various people and platforms of their choosing. But what happens if there is an alleged copyright infringement even with the licensing agreement in place? How can the licensing agreement protect the creators?

What is a Licensing Agreement?

A licensing agreement is a contract between the copyright owner, the content creator, and another who wants to use the copyrighted material. For example, a photographer can enter into a licensing agreement with an online stock photo company. A written agreement allows the photo company to have some rights over the pictures, and depending on the agreement; it can distribute the photos to other users. In turn, the photographer receives compensation.

Licensing agreements aim to protect the creators’ rights while allowing for the negotiation of payment and terms of use.

Most licensing agreements fall into one of two categories; commercial and non-commercial. Typically, non-commercial licensing agreements charge a flat rate to the licensee. For commercial usage, agreements sometimes include a percentage of the licensee’s income derived from the licensor’s work.

How Can a Licensing Agreement Protect Creative Professionals?

Licensing your photos or videos does not mean you are waiving your rights to them. The licensing agreement aims to protect your copyrights over your creative works. It sets the terms and limits of the rights you bestow to another person. Whether for non-commercial or commercial use, license agreements allow both parties to stipulate to whatever terms and conditions of payment they agree upon.

Do Licensing Agreements cover copyright Infringement?

As a general rule, any use by the licensee that is not covered by the licensing agreement constitutes copyright infringement.

For example, a photographer licenses another person to use his photograph as a print for a restaurant wall. Under the agreement, the licensee may print the photo to hang on the restaurant wall, and the photographer charges a flat fee for this.

If the licensee prints small postcards using the same photograph and sells them for profit, it constitutes a breach of the agreement and is no longer covered anymore by licensing terms. It is now a case of copyright infringement.

Here is another example. A video is licensed under a commercial licensing agreement. The licensee agrees to pay the licensor 50% of whatever profit he may derive from the video, provided that he always credits the video back to the original maker. The licensee then proceeds to syndicate the video across the Internet but fails to credit the original videographer. This act also constitutes copyright infringement because it falls outside the original licensing agreement.

In both cases, the infringement happens because the licensee fails to honor the contents of the agreement. This is how a licensing agreement protects creators. It ensures that the licensee follows the terms and conditions for usage of their works. If they go beyond the accepted usage, a breach occurs, and the licensor can claim infringement.

What to do When Someone Violates Your Licensing Agreement

If you have a valid licensing agreement and realize that the licensee is using your work in a way that violates its terms, tell that party right away.

Then call our experienced copyright infringement lawyers to ensure the infringement stops and find out what legal remedies are available. We will review your agreement’s terms and determine your options to collect all compensation the licensee owes.

Contact Our Dedicated Copyright Lawyers Today to Protect Your Rights Over Your Pictures

It is wise to consult our copyright infringement lawyers before entering into any licensing agreement. Seeking professional guidance can help ensure the terms of your agreement reflect your true intent.

If you suspect someone is violating your agreement, call the Sanders Law Group, LLP, right away so we can put a stop to the copyright infringement. Our copyright lawyers can help you enforce your rights over your licensing agreements and ensure that your rights are protected.

Contact our copyright infringement lawyers for a free case evaluation today at (800) 979-3707 or 516-233-2660.

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Copyright Enforcement and Social Media

Enforcing Your Copyright on Your Social Media Photos

Social media has become a massive part of everyone’s lives over the past decade. People nowadays post about almost anything on Facebook, Instagram, Twitter, and various other social media sites daily. One thing people love about social media is that it makes anyone with a smartphone an instant photographer. Many snap pictures of their food or drink before taking their first bite. Others post pictures of scenic views or significant events in which they are participating.

While social media has made it easy and fun for people to share their favorite pictures with the whole world, it has also caused more copyright infringement instances. People think that just because someone shares a photo on social media, it becomes free for anyone to use. This is not the case.

In some instances, these pictures are grabbed and used by other people without the photographer’s consent. Sometimes, even businesses take advantage of photographers by using photos to create marketable items or selling pictures without consent. It is essential to realize that photographers can take action when their shared images get used without permission. Below, we will share one such case.

Photojournalist Won Important Case Preventing Social Media Photos from Commercial Use Without Permission

When a devastating earthquake hit Haiti in 2010, killing more than a quarter of a million people, Haitian photojournalist Daniel Morel took his camera to the streets. He was able to capture iconic images of the tragedy, reflecting the devastation to both people and property. Morel uploaded his pictures on TwitPic, which allows its users to post photos on Twitter. The images showed the world how the earthquake devastated Haiti and its people.

Soon after Morel uploaded his photos, another Twitter user reposted the images and claimed they were his. International news agency Agence France-Presse (AFP) and its US distributor Getty Images then took the photos from TwitPic and distributed them to many of their clients. Morel’s photographs were used by some of the largest news agencies in the world. His images appeared on the New York Times website and The Washington Post, CBS, and ABC.

Morel objected to the use of his photographs. AFP then filed a case against Morel to seek a judgment that it had not infringed on the latter’s copyright and that Morel was interfering with AFP’s business practices. Morel then filed a countersuit against AFP, Getty Images, and the Washington Post.

AFT argued that Twitter’s terms of service or (TOS) permitted the use of photographs posted on the site. However, a federal district court judge decided that while posting and re-tweeting photos are allowed, it did not include the right to use images commercially. The judge ruled Morel’s favor, finding that AFP and Getty infringed on the former’s copyright. In late 2013, after an almost four-year legal battle, a federal jury ordered AFP and Getty to pay Morel $1.2 million in damages.

This decision was a significant victory for freelance and amateur photographers who continuously use social media. It debunked the common misconception that a photo shared on social media is free to use for everyone. It likewise helped establish that social media users can still enforce the copyright on their pictures.

Contact the Sanders Law Group for Copyright Protection

If you are the victim of copyright infringement involving photos shared on social media, you may be entitled to damages. Much like Daniel Morel, you may be entitled to receive damages from a party who uses your social media photos without your consent.

If you believe that someone may have violated your copyright, our copyright infringement lawyers can help you enforce your rights. Call the Sanders Law Group at (800) 979-3707 today at and find out if you are entitled to damages arising out of copyright infringement.

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Creative Commons Licenses

Using Creative Commons Licenses to Protect and Enforce Your Copyright

As a photographer, you might have read this somewhere when you uploaded your photos on the Internet: “Do you want to license this under Creative Commons?” It might have led you to think about what exactly Creative Commons is, and what kind of protection it can give you and your photos.

Most artistic creators, including photographers, have probably wondered the same thing and have chosen whatever the default license is.

But what is it really? Can a Creative Commons license protect your copyright? Does it force you to forego some of your legal rights to your creations? Is it really necessary to put your work under the Creative Commons license?

What is a Creative Commons license?

To put it simply, a Creative Commons license standardizes a way to give the general public permission to use their creations under copyright law. It enables content creators from all walks of life a standardized method to permit other people to use their works.

Creative Commons is a public copyright license that would enable the free distribution of a copyrighted work so that other people can share, use, and build upon another person’s work. The only exception that cannot be licensed under CC is hardware and software.
There are six different license types:

  • CC BY – This allows others to distribute, remix, adapt, build on the work in any format, and allow commercial use. The other person needs to credit the original creator.
  • CC BY-SA – This is the same as the first one, with the requirement of any work derived from the original work must be shared under the same license.
  • CC BY-NC – This is the same as CC BY, but commercial use is not allowed.
  • CC BY-NC-SA – This is the same as CC-BY-SA, but commercial use is not allowed.
  • CC BY-ND – This allows others to reuse the work for any purpose, but it cannot be shared with others in adapted form. Commercial use is allowed, and others must credit the original creator.
  • CC BY-NC-ND – This is the most restrictive of the Creative Commons license, allowing others to share your works as long as credit is given back to the creator. It cannot be modified or commercially used.

How Can I Use Creative Commons licenses to Protect my Photos?

It is actually pretty easy to use any license to protect your photos. All you have to do is check which license you want to apply and familiarize yourself with the rights that each license gives to other users.

Once you have chosen which license is best for you, you can add a license generator and add the license to your photos. Most digital portfolio websites and online photo albums have a built-in way of licensing your photographs under Creative Commons.

When you are contemplating which licenses to use for your photos, make sure that:

  • You are specifying precisely which items you are licensing. Some works may have several elements, like text, images, and music. Clearly indicate which aspects you want to be covered. Also, consider anything that might not be part of a basic license, like rights held by third parties.
  • Consider anything that may apply to your work, such as employment agreements or contracts with someone else connected with your work. This will dictate which license should apply to your creations.
  • You may consider offering a warranty that your work does not violate any third-party rights.

Most works online add their licenses in their descriptions or a link to the license itself so that others can check. Others include a text in their work, which may say something like, “this work is licensed under a Creative Commons Attribution 4.0,” with a link to the license applicable to the work.

Choosing the right license for your photographs can be confusing and complicated. Speaking to our experienced copyright lawyers at Sanders Law Group, can help ensure your rights are adequately protected.

Call Our Experienced Copyright Lawyers For All Copyright Needs

Did you see your photograph plastered on a billboard, printed on a magazine, or sold by someone else without crediting you – despite the photo being licensed under Creative Commons? Did someone edit your photo and upload it as his own work in his portfolio without giving you credit?

Our experienced copyright lawyers at Sanders Law Group, can help you enforce your legal rights to your original creative work. Our lawyers are dedicated to representing photographers and other creative professionals when they need help enforcing their copyrights.

Schedule a free consultation with our lawyers by calling (800) 979-3707, and take the first step in protecting your copyright today.

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Facebook and Copyright

Is Facebook Selling You Out?

With Facebook steadily increasing in size and reach, especially in these pandemic times, knowing your rights when using the platform should always be very important. Unfortunately, many of the over 3 billion users as of last quarter are in the dark regarding their copyright protections.

This monolith though, has provided many good opportunities for its users. As reported in Wall Street estimates in 2019, the company’s growth was valued at $21.08 billion in revenue, increasing 25% year over year. Part of that revenue is from marketing, using its own membership’s material posted on its platform.

What is Copyright?

One of the misconceptions about copyright and social media platforms is that people have the right to use it without permission because something is on social media. This is not the case.
Copyright is a form of intellectual property law, that protects original works, including photographs, videos, literary, dramatic, musical, and artistic works.

As the owner of the original work, you have the copyright. The work cannot be used without your express permission, especially for marketing and/or commercial use.

What are Your Copyright Rights According to Facebook?

Facebook tries to get around this basic rule. This is indicated in Sec 10 of their Terms of Use, which reads as follows:

“You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you.”

Furthermore:

“For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.”

In effect, by signing up and agreeing to Facebook’s Terms of Use, you are also waiving some of your rights over your copyrighted original work. This is a clear case of evading the need for an express consent on waiver of rights.

Most affected by these terms of use are those people that create original work for a living. This special group, like photographers, writers, and their brethren, often use Facebook to market their skills and talents. They often showcase their work on Facebook to gain exposure to people who would pay to license their work.

Their work and output are now subject to use by a third party (Facebook) without the need for explicit consent or permission related to that specific piece of work.

What Are My Options for Copyright Protection?

There are various ways to go about protecting your rights against Facebook. Here are but some of the ways:

Unplug – To unplug is to delete your profile from the social media platform. Make sure you remove all your images and words first. Keep in mind that your profile, along with your material, may remain on the servers of Facebook if people have reposted it.

Seek Legal Assistance – This is the more prudent move to make. By engaging the services of experienced copyright lawyers, you would be properly apprised of your rights and options as well as the issues you might face in pursuing a copyright infringement claim.

Consider taking the following steps when meeting with a lawyer to see if you have a copyright infringement claim against Facebook.

Preserve Evidence – There needs to be an infringement or a violation of your rights on the platform. The mere fact that Section 10 exists does not mean you have a right to file a case. It would help if you could demonstrate that your original work or composition was used for commercial purposes without your consent, or used in ways not allowed in that section. You need to present evidence. For example, you can take screenshots of your work and any misappropriation committed by Facebook or its minions.

Cease and Desist – This is an important step you could take when engaging the services of a lawyer for your cause. This means that you are serving notice upon Facebook to stop your work’s current and future misuse. In this notice, there is a period of compliance.

If someone continues to violate your rights, it leaves you with little choice but to file a lawsuit.

Seek Damages for Copyright Infringement – This is a challenging and complicated part of recouping the cost of the violations to your rights. Here, your copyright lawyer would draft and file a complaint detailing the copyright violation committed against you.
The goal is to provide you with compensation for copyright violations.

Contact Our Copyright Lawyers For Help Filing Copyright Infringement Claims

If you have copyright concerns about the work you placed on social media platforms and are looking for assistance from experienced copyright lawyers, contact the office of Sanders Law Group, today at (800) 979-3707 or submit the form on this page.

We are here to help.

Our copyright lawyers at Sanders Law Group, are dedicated to protecting the rights of photographers and other artists around the globe. Don’t wait to get help enforcing your legal rights to control your work. Call us at (800) 979-3707 for a free evaluation of your copyright infringement claim.

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