Texas institutions can use your copyrighted photos for free, court rules
Jun 17, 2019
Dunja Đuđić
Dunja Djudjic is a multi-talented artist based in Novi Sad, Serbia. With 15 years of experience as a photographer, she specializes in capturing the beauty of nature, travel, concerts, and fine art. In addition to her photography, Dunja also expresses her creativity through writing, embroidery, and jewelry making.
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After the University of Houston used a photo by Jim Olive without permission, the photographer decided to sue. However, Texas appeals court has now ruled out that the University doesn’t have to pay the photographer for the use of his image. As a public institution, the university claims that it has sovereign immunity, so it can’t be sued.
The story goes two years back. Olive performed an online image search only to find one of his aerial photos on the University of Houston’s website. Other than online, Olive found out that the photo was also used in printed materials. The photographer claims that the university removed copyright markings from the photo and didn’t give him credit.
According to the Houston Chronicle, Olive sent the university a bill for $41,000 (16,000 for the frequent use of the photo and $25,000 for removing his credit line). Reportedly, the university removed the image from its website within days. However, they only offered to pay Olive $2,500 for unauthorized use. Olive then threatened to file a lawsuit. But, the university reportedly said that it had sovereign immunity as a state institution, so it couldn’t be sued.
The court of appeals has now ruled out that the University of Houston doesn’t have to pay Olive for the use of his image. Mike Rosen, University of Houston’s executive director of media relations, said to the Houston Chronicle:
“UH has great respect for artistic talent and federal copyright protections and has routinely paid, and will continue to pay, market value for images provided by artists and professional photographers.”
However, Olive doesn’t seem to share the opinion. He was reportedly never paid by the university. As a matter of fact, he has been ordered to pay the legal fees.
“It just doesn’t seem fair to me,” Olive said to the Houston Chronicle. He said that this decision is a bigger issue for the creative community, because it “means that public institutions in Texas – including public hospitals, universities and government agencies – don’t have to pay for photographs and other creative content.”
“With this, they can just run rampant over copyright and take intellectual property with impunity.”
Although this is an isolated case, its implications could indeed pose a problem to the creative community. As Olive noted, this practically means that public institutions in Texas can use your work without permission, credit or compensation. And it could be applied to all sorts of creative work beyond photography.
If you want to read the details, the court documents are available at Case Text.
[via DPReview]
Dunja Đuđić
Dunja Djudjic is a multi-talented artist based in Novi Sad, Serbia. With 15 years of experience as a photographer, she specializes in capturing the beauty of nature, travel, concerts, and fine art. In addition to her photography, Dunja also expresses her creativity through writing, embroidery, and jewelry making.
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22 responses to “Texas institutions can use your copyrighted photos for free, court rules”
Photographers can get free money from Texas courts, photographers rule…
Actually, since Texas is a gun slinging state I say shoot them bastards. It’s legal because what they do is blatantly illegal and in Texas illegal stuff allows the public to Lynch the offending parties. So the court and the university can both be legally shot to death.
Kryn you got some issues man. Maybe you should look into getting help for them.
Ryan Bartek yeah, sorry, I know it’s an overreaction. But this power abuse stuff so winds me up.
Then again, the US president gets away with such behaviour too. So I guess you can see what role models do for us.
This power abuse happens with whoever is in office from
President down to “local”. Happened with Clinton, bush, Obama, trump, they are all pawns for corporate America it does not matter the side. They should all be representing the people, but they aren’t.
Texas can suck it.
Haven’t had any issues with TX yet but I’ll keep looking…
https://johnnymartyr.wordpress.com/2019/06/13/battling-copyright-infringement/
Great so I can use anything of theirs same way, just walk in and take whatever you want.
Jarek Niskiewicz yay ! Free education !
Alexandre Ayoubi that is already here, Google and Udemy. No idea why people are stupid to pay so much for outdated information and useless papers :p
This is America…
A lot of Texas laws are ridiculous.
This isn’t a Texas Law. It’s a general principal when it comes to Government.
Government can only be sued if it consents to the suit. (The thing is, there’s this little phrase in the United States Constitution that mandates compensation if a Government Entity takes property for public use. That is what the University did here and that clause is grounds for a lawsuit. Sovereign Immunity does not prevent lawsuits to force compliance with the Constitution. The Constitution constitutes “consent” by the Government.)
Still, they would have to pay fair market value, wouldn’t they?
I hear research is the currency most universities trade on. I’d like to hear what tune the university sings when people from other “sovereign institutions” plagiarise their research.
Legalised stealing >:(
Really?
So a public institution can just take property without paying for it?
Has this court ever heard of the Takings Clause?
When the Government (public institution) takes property for public use they MUST compensate the property owner. Here, they took intellectually property, but that still qualifies as property under the Takings Clause.
The question isn’t should they pay, it’s how much.
…I can promise you that if this Texas ‘sovereign’ tried to do this to a photographer from outside the US, they’d face their due penalty! It seems only Americans condone law braking by those with more ‘power or money’…!
I’m pretty sure the federal laws disagree. But you do you Texass
So much for intellectual property. Good to know that parents are irrelevant there.
Take that to the Supreme Court. Fight it all the way. They are wrong about this!
Seriously!?! Don’t give up!! That is outrageous!!