Category Archives: copyright

A Secret Copyright Treaty

I’m not sure how much of this is true but Cory Doctorow at Boing Boing is reporting that a secret copyright treaty has been leaked (here) and there’s some very interesting language in the draft text (again, who knows if it is true):
“A requirement to establish third-party liability for copyright infringement.”
“in order for ISPs to [...]

Shepard Fairey Admits He Lied About Which Photo He Used

In a strange twist to an important case with strange twists (photographer Mannie Garcia claims AP has no rights to the image) Shepard Fairey admits that the image he used for his iconic poster was the image that everyone and their dog knew he used: The image that’s an exact match to the poster.
From the [...]

Copyright Test

Sharpen your pencils peeps here’s an excellent multiple choice copyright test I found on the Art + Law + Blog via Photo Attorney.
1. Copyright protection comes from placing a “©” on your work.
a. Absolutely true. Why else would that little c be in the circle?
b. Sometimes true, depending on things I’m not really sure about.
c. [...]

Mannie Garcia Seeks Intervention in AP v. Shepard Fairey

“Manuel Garcia — has now moved to intervene in the action, claiming that he — and not the Associated Press — is the owner of the copyright in the photograph.” (here)
Link to the filing (here).
Really a fascinating and important case to watch.
fairey_ap_090709GarciaInterventionMemoLaw –
Thanks for the tip Ellis.

NYTimes Advocates Stealing Photos From Flickr To Decorate

Yes, really. In a story entitled “Flickr as an Interior Decorating Tool” (here) Sonia Zjawinski says the following:
Through these bouts of procrastination, I’ve often found stunning photographs, so much so I’ve gotten in the habit of printing faves out and framing them. If a user offers the original resolution for download, don’t let that [...]

Shepard Fairey Ripped Off My Picture First

Filmmaker and journalist Edward Nachtrieb says Fairey Ripped his photo first (here).

thx Joerg.

Jahreszeiten Publishing In Germany Attempts Massive Rights Grab From Photographers

Freelens, the largest group of photo journalists in Germany issued a notice a few weeks back that Jahreszeiten Publishing was forcing all photographers to sign a contract without the possibility for negotiation that would grant them ownership rights to all photographs taken in the course of an assignment.
“Should photographers sign the agreement, they will be [...]

Infamous Copyright Thief Perez Hilton Issues Take Down Notice

Oh, the irony and hypocrisy… It appears that celebrity gossip blogger Mario Lavandeira (aka Perez Hilton) who rose to fame for his mean spirited commentary about celebrities and his blatant disregard for the copyright of the images he posted on his site has come running and crying to the copyright police. He issued a takedown [...]

Prince And Gagosian Respond to Cariou Lawsuit

Over on ARTINFO.com they are reporting that Gagosian’s lawyers are claiming fair use in the appropriation of 22 of Patrick Cariou’s images by Richard Prince which is hardly surprising. Prince has also issued the standard “these images are not that distinctive” and “I’ve made them better” probably under the direction of his lawyers or maybe [...]

Shepard Fairey and Mannie Garcia on NPR’s Fresh Air

Terry Gross of NPR’s Fresh Air asks Shepard Fairey about the the Mannie Garcia photo and the lawsuit then she talks to Mannie about it and finally she talks to a law professor about fair use. You can listen to it (here).
I pulled a few relevant passages out of the transcript for you here.
–How did [...]

Mark Zuckerberg Added You As A Friend On Facebook…

UPDATE: The Zuck backed down and returned to the previously shitty TOS that is not nearly as horribly shitty as the new one. They say they’re going to rewrite the whole thing so maybe there’s a chance they can come up with something besides a lazy ass rights grab. Story on CNN.
In order to become [...]

Obama Poster May Get An AP/Manny Garcia Credit Line

UPDATE: Scrap that AP credit. According to an interview with Manny himself over on Photo Business News (here):
“3) So, you own the copyright to the image?
The ownership of the copyright is in dispute, as per the AP. It is my understanding that since I was not a staffer, and was [...]

The Obama Hope Poster, Shepard Fairey and photographer Mannie Garcia

Now that the photographer of the image in the Obama poster has been found (here) fair-use debate can begin in earnest.

Photographer Mannie Garcia had this to say over on Tom Gralish’s Philadelphia Inquirer photographer blog:
“Of the iconic poster he said, ‘I’ve been on the campaign for twenty something months, so I would see the artwork, [...]

Richard Prince Sued by Photographer Patrick Cariou

UPDATE:
Patrick Cariou appears to have a better case than I first thought. Take a look at these examples where Richard uses most of the image and then add to that the possibility that Patrick’s images have appeared in a gallery at some point in time. There certainly is a case for harm to the potential [...]

Google Is Scanning Magazines Into Their Database

“Today, we’re announcing an initiative to help bring more magazine archives and current magazines online, partnering with publishers to begin digitizing millions of articles from titles as diverse as New York Magazine, Popular Mechanics, and Ebony.”
“Over time, as we scan more articles, you’ll see more and more magazines appear in Google Book Search results. Eventually, [...]

The marketplace could destroy an artist’s gift

From a story in the NYTimes Magazine entitled “What is Art for” (here):
For nearly a decade he had been struggling to explain — to his family, to nonartist friends, to himself — why he devoted so much of his time and energy to something as nonremunerative as poetry.
The predicament of all artists living “in an [...]

Senate Passes Orphan Works Act

Next stop is the house. Email or call your representative and let them know how you feel about it (here).

Fair Use of Photography On A Blog

I’d say most people writing about photography and/or photographers on a blog are using the “Fair Use” limitation in copyright law (here) as a way to avoid having to get permission and possibly pay for the use. I use it sometimes and in turn I can expect to see things that I write about quoted [...]