Photographer Loses Copyright Suit Against Mapmaker Because of Licensing Technicality

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Creative commons licensing is great, especially for online content creators.   It can also be a tremendous tool for gaining recognition through use of your work as you are just starting out in the creative world.  However, it can be a double-edged sword for the unsuspecting.

A few days ago, a court in Washington, DC found in favor of a defendant after they were sued by a photographer for allegedly using his work without permission or compensation.  Why did the photographer seemingly get shafted in this deal?  Because of Creative Commons…

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Nike Files to Dismiss Air Jordan Logo Copyright Lawsuit

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A lawsuit filed against Nike back in January claimed the Jumpman logo was infringing on the copyright of one of Jacobus Rentmeester’s images of MJ.

The company responded on Monday filing a motion to dismiss the lawsuit immediately, stating the photographer’s complaint “presents exactly the sort of meritless case that motions to dismiss are intended to address”.

Nike claims that its photo, on which the logo silhouette is based, and Rentmeester’s photo are not “virtually identical” as the law requires.

Another motion has been filed asking that the company be exempt from having to reveal details regarding the Jordan brand business.

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Candidate for Prime Minister Sued Due to Alleged Copyright Infringement

Source: Yechial Yanai

Source: Yanai Yechial

Yanai Yechiel was commissioned to photograph a politician running in the Israeli Labor Party primaries. Since it was a small campaign, there was a very limited budget and the photo was to be used only for the internal elections, he accepted the PR company’s request and did the job for a modest price.

You can imagine his surprise, and anger, when 18 months later he discovered the photo was being used as one of the main images in the nationwide campaign for the politician who is currently leading the polls for the general elections and may be Israel’s next Prime Minister.

The developments in this case emphasize the importance of having a written contract, clearly covering all your bases.

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Justin Bieber’s Defense For Running Over A Paparazzo: “He Refused To Move”, And I Don’t Blame Him

JB

The singer’s lawyers have requested to dismiss a civil lawsuit filed by paparazzo Walter Lee who claims he was hit by Bieber’s Ferarri back in 2013, arguing it was Lee’s fault.

A video of the incident leaves some doubt as to the paparazzo’s claims and will kind of make you hate anyone holding a camera.

Meanwhile, Bieber tried avoiding a visit to the courthouse in another paparazzi-related lawsuit, claiming it would be too expensive for him to show up.

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Adobe Has Filed A Lawsuit Against Forever 21 For Repeatedly Pirating Photoshop

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In a suit filed on January 28th in the California District Court, Adobe has accused the retail clothing company, Forever 21, with pirating software. Adobe alleges Forever 21 has illegally obtained 63 copies of various Adobe products such as Photoshop and Illustrator. Corel and Autodesk have also joined the lawsuit, citing Forever 21 has pirated copies of their software as well.

The piracy has apparently been an ongoing issue between Adobe and Forever 21. In the suit, Adobe states Forever 21, “continued their infringing activities even after being contacted by Adobe regarding the infringement.” It is not known exactly how the software company was able to track the incident; however, Adobe is in possession of specific registration numbers and dates corresponding to the allegedly pirated software. [Read more…]

Nikon D750 Pulled From Amazon and US/UK Stores. Under Silent Recall.

Just five days ago Nikon announced that it will repair D750 cameras that are affected by the flaring issue at no cost, giving their customers peace of mind.

As of 12 hours ago, give or take, Amazon have stopped selling Nikon’s newest full frame DSLR, and suspended existing orders.

Is Nikon hiding the severity of the problem or are Amazon afraid of getting caught up in a lawsuit?

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Israeli Prime Minister’s Party to Pay Photographer $5000 Due to Copyright Infringement

A screen grab of Rachmani’s photo as it appeared in the television campaign

A screen grab of Rachmani’s photo as it appeared in the television campaign

Politicians write the rules, but that doesn’t mean they need to follow them, right? But it is also becoming more common for courts to rule in favor of the artist than it used to…

A Jerusalem court judge had ordered the Likud party, lead by Israeli Prime Minister Benjamin Netanyahu, to pay 20,000 NIS (approx. $5,000) in compensation due to copyright infringement.

The photographer, Shmuel Rachmani, sued the Likud for $37,500 following its failure to credit two of his images which the Likud had used in a television campaign last year. [Read more…]

Vivian Maier’s Portfolio Faces Uncertain Future As Her Estate Enters Complicated Legal Battle

Vivian Maier...A Life Uncovered by Thomas Leuthard

Vivian Maier…A Life Uncovered by Thomas Leuthard

A state public administrator’s office in Chicago, Illinois has issued letters to several individuals in possession of Vivian Maier photographs and negatives, informing them of possible lawsuits they could be facing over any money they earned from selling Maier’s work. Among the recipients of the letter were several galleries and John Maloof, an individual who owns a lionshare of original Maier works with a collection of negatives in the tens of thousands, which he bought for $400.

When Maloof acquired the negatives in 2007, he hired a genealogist to help track down any heirs of the mysterious photographer. He was able to locate Sylvain Jaussaud, whom was considered by experts to be Maeir’s closest living heir as a first cousin once removed. Maloof and Jaussaud reached an undisclosed agreement in which Maloof would assume the rights to the negatives. Maloof then filed an application to register his copyright, which is currently still pending one year after being filed. [Read more…]

US Copyright Office: Photos Taken by Animals Have No Copyright. Nor Do Photos Taken by God.

Two weeks ago, the story of the selfie-taking monkey gave me what I had thought was the best article title I was ever going to get to right. I was wrong. This is the best article title that I’ve ever gotten to write.

For those who missed it, around the beginning of this month Wikipedia was caught in a bit of controversy for its ruling on photographs taken by a monkey with photographer David Slater’s camera, saying that Slater had no copyright to them since he wasn’t their photographer. In a update to the story equally as bizarre as the story itself, the US Copyright Office released a 1,222-page document establishing new policies and reaffirming existent stances set on copyright law; touching on the subject at hand, the Office basically said that a picture taken by a monkey is unclaimed intellectual property.

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New Jersey Officer Loses Cool While Recorded: “If Obama Doesn’t Follow The Constitution, We Don’t Have To.”

It’s common these days to find videos of people filming confrontations with policemen. With a smartphone in everyone’s hands, it’s easier than ever to be able to capture incriminating evidence. Given how many controversies have come up in recent years regarding abusive police action caught on video, officers have to be careful with how they deal with citizens recording them.

This video captures resident Steve Wronko attempting to investigate the Helmetta Animal Shelter, when he’s approached by New Jersey police officer Richard Recine. Normally, the entire thing would have been another situation of a man trying to be smart with a police officer who’s trying to do his job (the internet just loves a guy who steps up to authority), and then act threatened when they pat his back towards the exit.

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