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Wikimedia: Because the Monkey Pressed the Shutter, It Owns the Picture

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The two pictures above were taken by British nature photographer David Slater in 2011, when a black macaque walked over to him and hijacked his camera, proceeding to take numerous amounts of selfies. With the pictures going viral, they found themselves on Wikimedia’s Commons page, where they’ve been available as public domain. The problem? When David Slater requested the pictures be taken down, Wikimedia refused – the reason being that because it was the animal pressing the shutter, the photo didn’t actually belong to him.

It’s safe to say that Wikimedia might be going a bit bananas (I’m sorry.) here, because what they’re basically saying is that since the monkey took the picture, it owns the copyright.

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Can I Use That Picture? This Flowchart Helps You Demystify Copyright Law

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UPDATE: the chart was wrong in in more than one way, we took it down. You can still see the original link in the article, but I do not suggest following its advice, you can read more about it here.

There is a lot of confusion surrounding copyright law and when it’s okay or not okay to use photographs that are not your own. Fortunately, Curtis Newbold, AKA The Visual Communications Guy, created this handy flowchart to help you assess when, why, and where you can use certain photographs. If you find yourself frequently questioning the legality (or morality) of resharing an awesome photo you came across on the internet, you may want to bookmark the chart for quick access.

The flowchart  (click here for a big version) makes it easy to understand the differences between Copyright, Fair Use, Creative Commons, and Public Domain–four topics which are often the source of great confusion.  On the flipside of things, the chart may also be useful to photographers who wonder about their own photographs and the purposed in which others may redistribute them.

[ The Visual Communications Guy via PetaPixel, lifehacker]

Walmart’s Latest Classless Move: Suing a Photographer’s Widowed Wife

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It’s amazing how perfect the narrative of this story is; Americans love suing, and who not better to be the plaintiff than one of our country’s biggest corporations? Walmart, a company that builds breeding grounds for American stereotypes (and supermarkets), is filing a lawsuit against the wife of a now-deceased photographer. What’s the dispute? They want the rights to photographs taken by the late husband and his father of the Walton family themselves.

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Amazon’s New Patent: Why We Should Probably Chill Out

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There’s been news circulating around of a new patent Amazon’s recently secured itself with, and it sounds a bit ridiculous when you take a look at the headlines coming out. For those who don’t know, Amazon basically patented a type of photography where one light is shining straight at the subject, along with light completely filling the background; in other words, seamless white background photography.

The patent was granted back in March, but news of this made the rounds just yesterday, angering many voices in the online photography community. The good news, however, is that there might not be that much cause for concern in the first place.

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Tour Manager for Three Days Grace Speaks Out On Concert Photography

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Two days ago, controversy was bred after a clash over social media between photographer Rohan Anderson and the pop-punk band Red Jumpsuit Apparatus; the band began a crusade of defamation against Rohan after being called out for posting his picture up without permission or credit. In return, Rohan sparked a wave of protest from the online community by posting the entire story online, and publicity for The Red Jumpsuit Apparatus expectedly took a plunge.

Now that the story’s been gaining widespread coverage over the online photography and music community, the tour manager for the band Three Days Grace decided to weigh in on the topic.

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Sigma Ordered to Pay Nikon $14.5 Million As A Two-Year Lawsuit Comes to an End

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Back in 2011, Nikon filed a lawsuit against Sigma for patent infringement involving lenses with stabilization technology (VR in Nikonspeak and OS in Sigma lingo). The Tokyo district court recently announced its final judgements, and they conclude with Sigma ordered to pay Nikon a total sum of 14.5 million dollars (which is 1.5 billion yen).

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Online Magazine Got Caught Stealing a Photo, and Responded in the Worst Way Possible

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With how fast social media is growing, there’s an equal amount of increase in copyright conflicts as well; photography comes into the picture. In this day and age, it’s insanely easy to remove whatever watermarks you want from a photo, post it on a publication as your own work, and reap the benefits of whoever originally took the photo in the first place. Hey, it’s easy money, isn’t it? Especially if the photographer’s not some well known big-shot with clients working under their name and about 16,000 followers on their Instagram account. Most likely, they’ll barely notice that their photo was even found and posted by someone out there like that.

Fortunately, one good thing about the photography world is that no matter how well known one is, a photographer with a loyal following will always have people looking out for them. Kathy Shea Mormino is one of them, and she just found herself in some serious East-versus-West Coast style beef with a magazine publication over use of her work (Except without the rap battles. But that would have been awesome.) It started off as a simple matter of notifying the publisher and making a cease and desist. Then, for some bizarre reason, the magazine decided to respond in one of the most unprofessional ways you’ll ever see an online publication behave. Thanks to the guys over at Adweek for the information on the story.

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Why Registering Your Copyright Matters

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Copyright infringement is one of those problems that never seems to go away. It doesn’t seem to matter how well we educate our clients or the general public. Unfortunately, there will always be people–photographers included— who just don’t seem to get it. Clients think that purchasing a photo grants them eternal, all-encompassing rights to whatever they choose to do with our work, wherever they choose to do it. People have it in their heads that just because a photo shows up in a Google Images search, that this somehow makes it open season for use on their websites, newsletters, blogs, and Facebook posts

As photographers, we know that we need to protect our work from all of these varying degrees of infringement. Unfortunately, too many photographers don’t take the relatively easy steps to adequately protect themselves from the unauthorized use of their hard work.

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Website Responds To Infringement Claim By Paying 15kg of One-Penny Coins

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UPDATE: apparently some one at The Kernel noticed the buzz the video was generating. So it is now set to private, which means it is not viewable anymore.

With videos being so common, we’ve seen our share of how papers who infringe copyrights handle the situation. If the paper is smart they will (grant a bit but) accept an invoice and be done with it.

If they are extremely deaf or have no understanding of how the nets work nowadays, they will make a video ranting about the photographer, then change 60 pounds into 15 kilos worth of pennies and go and hand them to the photographer.

As wild as this may sound this is how The Kernel handled infringing Charles Arthur’s photograph. [Read More…]

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