Not that I have any delusions about the reach of this blog, but for what it’s worth, here’s a pro-tip for celebrities everywhere about sharing photographs of yourselves on social media: if you don’t own the rights in the image, don’t post it. This keeps happening. A celebrity posts an image of himself, the photographer who owns the rights in ...
“Congress, however, barely considered the availability of state remedies for patent infringement and hence whether the States’ conduct might have amounted to a constitutional violation under the Fourteenth Amendment. It did hear a limited amount of testimony to the effect that the remedies available in some States were uncertain. The primary point made by these witnesses, however, was not that ...
In this episode, I talk to art and commercial photographer Eric O’Connell, who is also an associate professor of practice at Northern Arizona University. We talk about his work, about photography in general, his students, and of course copyright. O’Connell’s photo recently won Off the Clock 2021 Best in Show from American Photographic Artists (APA). Read interview here. Visit Eric ...
On May 19, two California photographers filed a class action suit alleging that Instagram is liable for inducement of copyright infringement, contributory copyright infringement, and vicarious copyright infringement due to the platform’s implementation and promotion of its “embed” function. The complaint begins: “This case is about Instagram’s scheme to generate substantial revenue for its parent, Facebook, Inc., by encouraging, inducing, ...
Shortly after the Second Circuit Court of Appeals ruled in Warhol v. Goldsmith, I wandered deep into the tall grass, PJs tucked into my boots, thinking about the fair use analysis in the difficult context of fine art. And then the Supreme Court delivered Justice Breyer’s opinion in Google v. Oracle, which, among other transgressions, broke a cardinal rule by ...
