Understanding Copyright Law for Photographers: A Comprehensive Guide

Protecting Your Photography: A Comprehensive Guide to Copyright Law

As a photographer, you work hard to create unique and valuable images. But how can you protect your work from being used or stolen without your permission? In this comprehensive guide, we’ll explore the basics of copyright law and how it applies to photographers. We will cover the types of works that can be protected, the exclusive rights granted to copyright owners, and how to register your copyright with the U.S. Copyright Office.

 

What is Copyright?

First and foremost, it’s essential to understand what copyright is and how it works. Copyright is a form of legal protection that grants exclusive rights to the creator of an original work, such as a photograph, to control how their work is used and distributed. This means that only the copyright owner has the right to make copies of the work, display or perform it publicly, and create derivative works based on it.

 

Copyright Attaches Automatically Upon the Creation of an Original Work

In the United States, copyright protection is automatic upon the creation of the work. Photographers are not required to register their copyright or use a copyright notice for legal protection. However, registering your copyright with the U.S. Copyright Office can provide additional benefits, such as the ability to sue for copyright infringement and potentially receive statutory damages and attorneys’ fees.

 

As a photographer, it’s essential to understand what types of works can be protected by copyright. In general, copyright protects original works of authorship that are fixed in a tangible medium of expression, such as a photograph that is saved to a hard drive or printed on paper. However, copyright does not protect a work’s ideas, facts, or other non-original elements.

Once a photograph is copyrighted, the copyright owner has exclusive rights to control its use and distribution. This includes the right to reproduce the work, distribute copies, display or perform it publicly, and create derivative works based on it. Any unauthorized use of a copyrighted work, such as a photograph without permission, may be considered copyright infringement and can result in legal action.

 

If Your Copyright Has Been Violated, How Do You Enforce Your Rights?

 

If you believe that your copyrighted photograph has been used without your permission, there are several steps you can take to protect your rights. First, gathering evidence of the infringement is crucial, such as screenshots of the unauthorized use or copies of any communications with the infringing party. Next, depending upon the situation, you may want to consider sending a cease and desist letter, which formally demands that the infringing party stop using your copyrighted work. If the infringement continues, you may need to file a copyright infringement lawsuit to enforce your rights.

 

Best Practices with Photography and Copyrights

When protecting your copyright as a photographer, there are several best practices to remember. First, always use a copyright notice on your work, which typically includes the copyright symbol ©, the year of creation, and the name of the copyright owner. It is not required by law, but it may help deter potential infringers and provide evidence of your ownership in case of a legal dispute.

Additionally, consider registering your copyright with the U.S. Copyright Office. While it is not required to have legal protection, registration can provide additional benefits. For example, registration allows you to sue for copyright infringement and potentially receive statutory damages and attorneys’ fees. Remember that registration must be done within a specific time frame and involves a cost.

Finally, be proactive in monitoring your work for unauthorized use. Use reverse image search tools to see if your photographs are being used without permission. Consider working with a copyright monitoring service that can help identify and address potential infringements.

 

Take Action and Protect Your Rights

Understanding copyright law is essential for photographers who want to protect their valuable creative works. By registering your copyright, using a copyright notice, and monitoring your work for unauthorized use, you can take proactive steps to protect your legal rights. If you believe your copyright has been infringed, it’s important to take swift action to enforce your rights and seek legal remedies.

We at Sanders Law Group have extensive experience helping photographers protect their legal rights and enforce their copyrights. We understand the challenges and complexities of copyright law, and we have the experience and knowledge necessary to navigate the legal system and help our clients achieve their goals.

If you’re a photographer concerned about protecting your creative works, we encourage you to contact us to learn more about how we can help. Our team of skilled attorneys can provide personalized guidance and representation to ensure your rights are fully protected under the law.

 

Contact Sanders Law Group Today

Copyright law is essential for photographers who want to protect their valuable creative works. If you have concerns about your legal rights as a photographer, contact our law firm today. Learn how we can help protect your interests and achieve your goals. Call us today or complete the form on this website to schedule a consultation.

What to Do When Someone Steals Your Photography: A Photographer’s Guide to Copyright Infringement

Protect Your Photography: How to Detect, Enforce, and Prevent Copyright Infringement

As a photographer, you put time, effort, and creativity into capturing unique and valuable images. But what happens when someone else uses your work without your permission or compensation? Unfortunately, copyright infringement is a common issue that photographers face. It can be difficult to navigate without the proper knowledge and guidance. In this guide, we’ll explore what copyright infringement is, how to detect it, and what you can do to enforce your rights as a copyright owner.

 

What is Copyright Infringement?

Copyright infringement occurs when someone uses a copyrighted work without the owner’s permission or outside the scope of any applicable license or exception. This can include using all or part of a photograph, reproducing it, distributing it, or creating derivative works based on it. In the United States, copyright protection is automatic as soon as a work is fixed in a tangible medium, such as a digital file or print, and lasts for the life of the author plus 70 years.

 

How to Detect Copyright Infringement

One of the most common ways to detect copyright infringement is through image search engines like Google Images, TinEye, or Pixsy. These tools allow you to upload your image or enter its URL and search for other instances of the same or similar image across the web. You can also set up alerts or use tracking software to monitor for unauthorized use of your pictures on social media, websites, or e-commerce platforms.

Another way to detect copyright infringement is through watermarking your images. A visible watermark with your name or logo can deter potential infringers and help establish your ownership if your images are used without permission.

 

What to Do if Your Photography Has Been Stolen?

 

If you discover that someone has used your photographs without your permission, you have several options for enforcing your copyright:

  • Contact the Infringer: In some cases, the infringer may not have realized that they were using a copyrighted work without permission. Sending a friendly but firm message explaining the situation and requesting that they remove the image or compensate you can be an effective first step.
  • Send a Cease and Desist Letter: If the infringer is unresponsive or refuses to cooperate, you may want to send a formal cease and desist letter. This is a legal document that demands that the infringer stop using your image and may threaten legal action if they do not comply.
  • File a DMCA Takedown Notice: If the infringing image is hosted on a website or social media platform, you can file a DMCA (Digital Millennium Copyright Act) takedown notice. This is a legal request to the platform to remove the infringing content, and the platform is required to comply or risk liability for copyright infringement.
  • Pursue Legal Action: If the infringer continues to use your images despite your efforts to stop them, you may need to pursue legal action. This can include filing a lawsuit for copyright infringement and seeking damages for any profits that the infringer has made from your work, as well as any harm to your reputation or business.

 

Protecting Your Photography from Future Infringement

While it can be challenging to prevent all instances of copyright infringement, there are several steps you can take to protect your work from unauthorized use:

  • Register Your Copyright: Registering your copyright with the U.S. Copyright Office provides additional legal protections and allows you to sue for statutory damages and attorney’s fees in the event of infringement.

 

  • Use Watermarks: Adding a visible watermark with your name or logo can deter potential infringers and help establish your ownership of the image.

 

  • Monitor for Infringement: Regularly searching for unauthorized uses of your images and setting up alerts or using tracking software can help you detect and address infringement quickly.

 

  • Use Licensing Agreements: If you want to license your photographs for use by others, it’s important to have a clear and enforceable agreement in place. This can help ensure that you are compensated for using your work and that the user knows their rights and responsibilities.

 

  • Educate Others: Finally, educating others on the importance of respecting copyright and obtaining proper permissions before using others’ work is important. By raising awareness and promoting best practices, you can help reduce instances of infringement and protect the value of creative work.

 

Take Action – Contact the Sanders Law Group to Discuss Your Copyright Matter

If you have experienced copyright infringement and need legal guidance on enforcing your rights, Sanders Law Group is here to help. Our experienced copyright lawyers can assist you with identifying and addressing instances of infringement, negotiating settlements, and pursuing legal action when necessary. Contact us today for a free consultation and take the first step in protecting your legal rights as a photographer.

Dealing with Copyright Infringement for Photographers

How to Deal with Copyright Infringement as a Photographer – Tips and Strategies

Understanding Copyright Laws for Photographers

As a photographer, it is crucial to understand the copyright laws that apply to your work. In the United States, copyright protection is automatically granted to original works, including photographs, as soon as they are created. This means that you, as the creator, own the exclusive rights to reproduce, distribute, display, and create derivative works from your photographs.

Registering your copyright with the U.S. Copyright Office is not required for protection, but it offers significant benefits. It establishes a public record of your copyright and enables you to pursue legal action against infringers more effectively. The Sander Law Group specializes in assisting photographers with registering their copyrights and understanding their rights under U.S. copyright laws.

Monitoring Your Work for Unauthorized Use

One of the first steps in protecting your photographs is actively monitoring for unauthorized use of your work. You can use various tools and methods to keep an eye on your images online. Reverse image search engines like Google Images or TinEye can help you find instances where your photos are used without your permission. Set up Google Alerts with your name or specific keywords related to your photography to receive notifications when your work is mentioned online.

Another option is to use digital watermarking or metadata embedded in your images, which can help track and identify your work. Keep in mind that watermarking can be removed by determined infringers, so it’s essential to have multiple monitoring strategies in place. Sander Law Group can advise you on best practices for monitoring your work and help you stay informed about potential infringements.

Reacting to Copyright Infringement

When you discover unauthorized use of your photographs, it’s essential to take action quickly and effectively. First, gather evidence of the infringement by taking screenshots and documenting relevant information such as the URL, the date you found the infringement, and the infringer’s contact information. This will be helpful if you decide to pursue legal action.

After collecting evidence, consider reaching out to the infringer with a cease and desist letter. This letter serves as a formal notice that they are violating your copyright and should remove the infringing content immediately. In some cases, the infringer may be unaware of the violation and will comply with your request. Sander Law Group can help you draft a compelling cease and desist letter that clearly states your rights and demands.

Working with Copyright Lawyers

If the infringer does not respond to your cease and desist letter or continues to use your work without permission, it may be time to consult with a copyright lawyer. The experienced copyright attorneys at Sander Law Group can help you evaluate your case, determine the best course of action, and represent you in any legal proceedings that may follow.

Working with a knowledgeable copyright lawyer can make a significant difference in the outcome of your case. They can assist with negotiations, settlements, and, if necessary, litigation to protect your rights and recover damages for the unauthorized use of your photographs. Don’t hesitate to seek legal advice when dealing with copyright infringement, as it can be a complex and challenging process to navigate on your own.

Preventive Measures to Protect Your Photography

In addition to monitoring your work and taking action when infringement occurs, there are several preventive measures you can take to protect your photography. Clearly displaying copyright notices on your website, social media profiles, and alongside your images can help deter potential infringers and educate them about your rights.

Consider using licensing agreements when granting permission for others to use your work. These agreements can specify the terms of use, duration, and any fees associated with the usage of your photographs. Sander Law Group can help you draft comprehensive licensing agreements that protect your interests and ensure your work is used responsibly.

Building a Solid Online Presence

A strong online presence can serve as a deterrent to copyright infringement. By showcasing your work on your website, social media platforms, and online portfolios, you establish yourself as a professional photographer and make it clear that you take your copyright seriously. This can discourage potential infringers from using your work without permission, as they may recognize the risks associated with violating your rights.

Be proactive in promoting your photography, sharing your expertise, and engaging with your audience. A well-respected and easily recognizable presence in the photography community can make it more difficult for infringers to claim ignorance of your copyright ownership. By building a solid online presence, you not only protect your work but also increase your visibility and credibility as a photographer.

Contact the Sander Law Group Today

Dealing with copyright infringement as a photographer can be a challenging process, but understanding your rights, monitoring your work, and taking action when necessary can help you protect your valuable creations. Sander Law Group specializes in enforcing copyright protection for photographers and can provide expert guidance and support in handling copyright infringement cases. With a proactive approach and the help of experienced copyright attorneys, you can safeguard your work and focus on your passion for photography.

Photographer Sues Bieber

Photographer Files Lawsuit Against Justin Bieber for Copyright Infringement

It’s Justin Bieber’s turn to defend himself against a copyright infringement lawsuit. Photographer Robert Barbera filed a lawsuit against Bieber that, according to Eonline.com, accuses the pop star of the “unauthorized reproduction and public display” of a photograph copyrighted and owned by Barbera.

The photo in question is of Bieber and his friend Rich Wilkerson. The picture shows the pals in a car. Bieber posted the picture on his Instagram feed on March 13. Barbera is the photographer who snapped the photo. In documents obtained by E!News, Barbera claims that he
“is the author of the Photograph and has at all times been the sole owner of all right, title, and interest in and to the Photograph, including the copyright thereto.”

The court documents further state that at no time did Bieber have permission, consent, or license to use or publish the photograph.

Bieber is One Of Many Celebrities Accused of Infringement

Bieber is just the latest defendant in a slew of copyright infringement cases filed against celebrities. Several photographers are fed up with stars using pictures they work hard to capture. What other celebrities are being sued for copyright infringement? Jennifer Lopez, Gigi Hadid, and more. Photographers are trying hard to enforce copyright laws that protect them from the unauthorized use of their work.

What Are Some of the Legal Issues in Bieber’s Case?

It is likely that Bieber, as many celebrities do, will defend the posting of the photograph as “fair use.” Fair use is a doctrine that makes it “ok” to use a copyrighted picture for limited purposes. Whether or not a particular photograph and its use falls into this category depends on several factors the court takes into consideration. Typically, an image used for criticism, comment, news reporting, teaching, scholarship, and research–as examples of activities that may qualify as fair use.

The court will examine:

  • Purpose and character of the use, including whether the use is of a commercial nature
  • Nature of the copyrighted work
  • Amount and substantiality of the portion used in relation to the copyrighted work as a whole
  • Effect of the use upon the potential market for or value of the copyrighted work

As stated by the U.S. Copyright Office, “Courts evaluate fair use claims on a case-by-case basis, and the outcome of any given case depends on a fact-specific inquiry.”

Social Media and Blurred Copyright Lines

When it comes to photographs of celebrities and social media, it can be difficult to determine whether an image is used for commercial purpose. Some argue that celebrities’ social media pages are all about commercialization and exposure of their brands. Some use their Instagram pages to earn money directly through endorsements, product placement, and more.

When a celebrity with millions of followers posts a photograph of him or herself, is it for commercial purposes? Does it devalue the image for the photographer who took the picture? These are some issues the court will have to decide.

Contact Us with Questions Regarding Photography and Copyright Violations

If you are a photographer with copyright infringement concerns, you have rights. Your copyrighted photographs should remain under your control, and you should receive compensation for their usage. Call the Sanders Law Group, at (800) 979-3707 for a free evaluation of your copyright infringement claim.

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New Copyright Issues with Paparazzi and Social Media

Social Media, Celebrities, and Paparazzi Bring New Attention to Copyright Issues

In an October 30, 2019 article for IP Watchdog.com, Meaghan Kent, Katherine Dearing, and Danae Tinelli highlight some legal issues gaining new attention from a spate of copyright infringement cases involving celebrities, social media, and paparazzi. Many issues remain unresolved because the lawsuits were settled out of court or dismissed for procedural reasons. However, taking a closer look at them may help photographers understand their rights and how to enforce them.

At the heart of recent cases filed by photographers against celebrities is a celebrity’s right of publicity using their image and a photographer’s right to copyright their work. Defendants in copyright infringement cases recently have included Gigi Hadid, Jennifer Lopez, Victoria Beckham, Justin Bieber, and Khloe Kardashian. Most of them involve the defendant posting a photo of themselves on Instagram. The pictures in question were taken by paparazzi who allege the postings violate copyright law. In these cases, the photographers claim:

  • they own the copyrights to these pictures
  • they have the exclusive rights to use and distribute them
  • they gave no permission for their use

Does a Celebrity Have an Implied License?

An implied license can exist. Courts have ruled that a license does not have to be in writing but can be verbal and implied from conduct. Courts differ as to what it takes to demonstrate an implied license exists. Still, they agree that it “requires that an alleged infringer demonstrates that even without an express verbal or written agreement, the parties’ conduct indicates an intent to grant a license.”

The court might consider:

  • Whether the potential licensee requested the creation of the work
  • Whether the photographer created the work and delivered it to the licensee
  • Whether the photographer intended the licensee to distribute the work

If you are a celebrity, is stopping for a photographer a “request” to have your picture taken?
Does a photographer give implied consent to use the photograph when he or she posts it on social media? Is this a form of “delivering” it to the licensee? IN a recent copyright infringement case involving Gigi Hadid, the court did not have a chance to rule on this issue.

It is important to note that cases involving the implied license defense are very fact-specific.

Does a Celebrity Co-Author a Photo by Posing?

It is widely accepted that “the positioning of a subject of a photograph contributes to copyright ownership in a photograph.” When there is a sufficient contribution, the work may be a “joint” work. The Copyright Act defines a joint work as one “prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary work.”

In the case of paparazzi photographing celebrities, does the subject independently striking a pose satisfy the standard of Co-authorship? Is co-ownership established by the simple act of stopping, smiling, or otherwise posing for the camera? If you are a photographer and you ask your subject’s opinion about the lighting, background, or pose, are you endangering your rights?

Can a Celebrity Copyright a Pose?

Theoretically, yes. But this is a strict standard to meet. It is not likely that a pose will be unique enough for a celebrity to claim that it establishes copyright ownership in a photograph.

The Copyright Office will not extend protection to “commonplace movement or gestures,” or “ordinary motor activities and athletic movements.”

A model who claims he or she posed in such a unique way that it establishes ownership over your photograph is unlikely to have a successful defense in court.

What Does This Mean For Photographers?

The rise of social media has taken copyright law to a new level. The legal issues above have yet to be examined closely in federal court. However, the rules about copyright remain the same. The laws have not changed. They are simply being applied to new situations. The goal of copyright law is also the same; to give creative professionals control over their work and the right to earn a living from their art.

Contact our copyright infringement lawyers at the Sanders Law Group, for a free consultation. Our lawyers are dedicated to protecting the rights of photographers around the world. Call us today at (800) 979-3707.

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Photographer Sues Fox For Infringement

A Photographer is Suing Fox News Network for Copyright Infringement

Bloomberg News has reported that the Sanders Law Group is representing Jesse Korman, a photographer who is accusing Fox News Network, LLC of copyright infringement. The photographer alleges that Fox reproduced a picture Korman took of Alexandria Ocasio-Cortez and used it in one of their television broadcasts. Korman filed his lawsuit in Federal District Court in the Southern District of New York on July 24, 2019.

In the complaint, Korman claims that Fox News displayed a photograph of Ocasio-Cortez during a February 2019 television broadcast. Korman further claims that as the photographer who took the picture, he owns all rights to the image. The lawsuit, according to Bloomberg, alleges that “Fox News violated copyright law via the “unauthorized reproduction and public display” of the photograph of Ocasio-Cortez.

US Copyright law states that the individual who takes the picture has control over how, where, and when it gets used. A photographer has these rights automatically; the moment he or she takes an image, copyright exists. The owner of the copyright may retain all of the rights, give them away with or without compensation or, more likely, issue a license that allows another party, the limited use of the work. “Fox News is not, and has never been, licensed or otherwise authorized to reproduce, publicly display, distribute and/or use the Photograph.”

Was Fox News’s Use of The Picture “Fair” Under Copyright Law?

There is a fair use exception to copyright law, which is a common defense in copyright infringement lawsuits. Courts take under consideration the following factors when deciding whether the use of a specific piece of work falls into the fair use category. They are:

  • How the use affects the potential market.
  • the character and purpose of the use
  • the amount and substantiality of the portion of the work that is used
  • the nature of the copyrighted work itself

If this lawsuit reaches a judge or jury, some of the questions that arise might include:

Was Fox’s use of the photograph for commercial purposes?
Was the photograph used in a new way?
Was it transformative?

At least one individual told Bloomberg News that this is a clear case of copyright infringement on the part of Fox News. A law professor at the University of Idaho told Bloomberg, “At first glance, it does not appear that Fox has a credible fair use claim.” The use is commercial and non-transformative. The photo itself is not news; it’s just being used to illustrate a story about AOC. News publishers traditionally license this kind of use.”

Fox News Declined to Comment

The position Fox News will take in its defense of this lawsuit is speculative at this time. Bloomberg News reported in its article that Fox News did not wish to comment on the matter.

Contact Us

The Leibowitz Law Firm, LLC, represents photographers across the globe and helps them ensure their rights receive the utmost protection. If you are a photographer or other creative professional who needs help with copyright filing, negotiating a license agreement or holding someone accountable for infringement, look no further than our office. Call our experienced copyright lawyers at (800) 979-3707.

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NYC Landmark Limits Ownership of Pictures

New York City Landmark Limits Photographers’ Rights

Hudson Yards, located on the West side of New York City, is the largest private real estate development in the United States. One of its most popular features is a 16-story open-air building called Vessel. Vessel is described as a permanent, interactive art installation. The main attraction of Vessel is that it allows the public to walk up and capture beautiful views of New York City for free.

Jack Alexander, in a March 2019 article for Fstoppers.com, a self-described “community-based photography news website,” noted that by visiting Vessel you must agree to the terms and conditions. At the time, those terms included giving up all rights to the pictures you take while in the structure. The terms and conditions required visitors to “agree to hand over the copyright of any photos taken while there, and in doing so, permit the company to use the images royalty-free worldwide.”

Under US copyright law, the rights to a photograph belong to the person who takes it. Copyright is automatic. The photographer may license, grant permission, give away, charge a fee, or make an agreement to allow the reproduction, display, or use of the picture. While it is not uncommon to relinquish some rights when visiting a landmark, the level to which Hudson Yards took this, was met with pushback.

The Public Blasted Hudson Yards for Requiring Visitors to Relinquish Ownership of Photos

After an outcry by the public, Hudson Yards agreed to refine its policy and change the language to clarify its original intent. In a Bloomberg News report, a spokesperson related to Hudson Yards said: “The intent of the policy is to allow Hudson Yards to amplify and reshare photos already shared on individual social channels through our website and social channels.”

Under New Terms and Conditions, Visitors Retain Copyrights of Photographs

According to the new terms and conditions posted on the Hudson Yards Vessel website, photographers and the public are no longer agreeing to give up their copyrights. Instead, under a section titled “MY SOCIAL MEDIA POSTS,” picture-takers retain ownership of photographs, videos and recordings depicting or relating to Vessel “unless otherwise agreed to by me and the company.”

The terms also make visitors agree that:

“If I post any Vessel Content to any social media channel, I hereby grant to Company and its affiliates the right to re-post, share, publish, promote and distribute the Vessel Media via such social media channel and via websites associated with the Vessel or Hudson Yards (including my name, voice and likeness and any other aspects of my persona as depicted in the Vessel Media), in perpetuity. I understand that I will not be entitled to any compensation from.”

These new terms became effective on July 1, 2019.

By taking photos while visiting Vessel, you are still giving away some of your rights; you are giving the company permission to post, publish, share, promote and distribute your pictures and videos without compensation if you:

  • Take the photos from Vessel
  • Put them on social media

Does Taking Pictures OF Vessel Present Copyright Problems?

Taking pictures of Vessel from the street means you did not get a ticket to visit the structure. Without a ticket, you have not agreed to its terms and conditions. Does this mean you retain full control over your images? Perhaps not. If Vessel truly is an art installation, the creator of Vessel may have a copyright claim. This is something to consider when photographing various landmarks, pieces of art, and other objects.

Contact Us

If you are a photographer with a copyright issue, call Sanders Law Group today. We have experienced copyright attorneys representing photographers across the globe in all types of copyright matters.

Call us at (800) 979-3707 for a free evaluation of your copyright case.

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Copyright Infringement Suit Against Model

Photographer Sues Emily Ratajkowski for Copyright Infringement

Model and Actress Emily Ratajkowski is one more name on a growing list of celebrities facing off with photographers in legal battles. Ratajkowski, like others, is accused of violating the rights of a photographer by posting a picture without permission. Photographers across the globe have filed similar cases against musicians, designers, and models.

Who are these famous defendants in copyright cases? Justin, Bieber, Bella Hadid, Arianna Grande, and Jennifer Lopez, to name a few.

Robert O’Neil Sues Ratajkowski Over Instagram Post

The Fashion Law reported on October 23 that photographer Robert O’Neil filed his copyright infringement lawsuit against Ratajkowski in New York Federal Court. The complaint against Ratajkowski and her corporate entity Emrata Holdings, LLC, contains claims that Ratajkowski posted a photograph he took to her Instagram story and had no right to do so. The picture shows Ratajkowski holding a floral bouquet in front of her face as she walks down a city street. She posted it for her 24 million followers along with the caption “mood forever.”

According to The Fashion Law, O’Neil’s court documents allege he is the “author of the photograph and has at all times been the sole owner of all right, title and interest in and to the photograph, including the copyright thereto.”

What are the Rights of a Copyright Holder?

The holder of a copyright has the exclusive rights to display his work publicly or to allow others to do the same. Photographers may issue licenses, collect fees, and set the terms under which their pictures can be used. In this case, O’Neil allegedly issued a license to and received payment from the UK Daily Mail. His complaint alleges that no such agreement existed between him and Ratajkowski. His complaint states that before posting the picture to Instagram, she “did not license the photo.” Nor did she have “permission or consent to publish the photo.”

Does it Matter that You Can’t See a Face in the Photo?

No, it does not. The photo itself is not what matters. As the author of the October 23, 2019, post states, “Regardless of who the subject of the photo is and whether or not they consented to having their photo taken, once an at least minimally original/creative photo is taken.”

The copyright holder, typically the photographer, has the exclusive copyright to that photo for his or her entire life plus 70 years after death. Unless the photographer assigns or otherwise grants rights to its use, he or she retains exclusive control.

Contact Our Copyright Lawyers Today

If you are a photographer and a celebrity has posted a picture you took, you might be entitled to collect statutory damages for copyright infringement. Call the copyright attorneys at Sanders Law Group at (800) 979-3707 to discuss your infringement claim. Our copyright lawyers understand how to help photographers enforce their legal rights and collect compensation when someone violates them.

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New York Photographer Sues over Benedict Cumberbatch Photo

North Carolina Sees an Increase in Copyright Lawsuits with the Latest Filing by NY Photographer

A New York photographer is suing a Wake Forest-based company for copyright infringement. Photographer Steve Sands is represented by Sanders Law Group, which filed the federal lawsuit on August 8, 2019, in the Eastern District of North Carolina. According to the Triangle Business Journal (the Journal), the case is against Epicstream, a company that describes itself as “an independent news and entertainment website celebrating the fantasy and science fiction genres.”

In the lawsuit, the Triangle Business Journal reports, Sands claims that Epicstream used a photograph he took of Benedict Cumberbatch on the set of the film “Dr. Strange,” and did so with no license or permission. Sands states that he registered his copyright to the photo in question with the U.S. Copyright Office.

Epicstream allegedly featured the copyrighted photograph with an article it posted about Cumberbatch. The complaint itself states, “Epicstream did not license the Photograph from the Plaintiff… nor did Epicstream have Plaintiff’s permission or consent to publish the Photograph on the Website.”

One of Several North Carolina Cases

According to the Journal, the lawsuit filed by Sands and his attorney is just one of several recent copyright matters that have been in the local North Carolina news. Artists across the state are seeking to enforce ownership rights to their work. A few cases are pending in North Carolina that involve photographers claiming businesses are using copyrighted images with no compensation, permission, or licensing arrangements.

How Do Businesses Violate Copyright Law in North Carolina and Across the Globe?

Copyright violations occur daily in the United States and around the world. Artists, authors, photographers, and graphic designers are subject to purposeful and accidental acts that compromise their ownership rights in the work they create.

Consider some of the following ways businesses violate the copyrights of photographers and other creative individuals:

  • An advertising company uses a copyrighted image on a billboard to promote the products of a large corporation. The company does not ask you for permission or compensate you in any way.
  • A music festival creates flyers and posters to promote its event using an image you took, with no permission, agreement, or payment.
  • A marketing company prints a photo taken by you on dozens of items and sells them for a nice profit. The company knows you own the rights to the picture but does not pay for a license to use it or provide you with any compensation.
  • A celebrity uses a picture you took of her and uses it on Instagram to promote her global brand
  • A movie company showcases a photograph you took in many scenes in its film without permission or payment from you.
  • A business uses your pictures beyond the scope of a license agreement
  • A company does not pay you according to the terms of a license agreement

Contact Us

At the Sanders Law Group, we see every way in which photographers suffer when others violate their rights. If you are a photographer, you deserve compensation for your hard work. You also deserve compensation when someone infringes upon your copyright willfully or unintentionally.

Call the Sanders Law Group if you need help enforcing your copyright. We can help ensure that you and your work receive the maximum protection the law allows and that you collect damages to which you are entitled. Call our global copyright lawyer today for a free case evaluation at (800) 979-3707.

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