Happy World Photography Day! Napoleon Sarony was the most famous celebrity photographer of the late 19th century. His studios in New York City, especially his final location at Union Square, were visited by actors, politicians, artists, writers, military leaders, et al. whose portraits were made into cabinet cards—a popular collectible of the era. Not everyoneContinue reading “World Photography Day: AI and the Photographic Copyright”
Author Archives: david
Court Strengthens Protection for Visual Artists
In November 2023, we discussed the “server test” (or server rule) as a controversial defense to copyright infringement used by website operators. To reiterate the basics, when a web platform “displays” a work (usually a photograph or illustration) by embedding a link that points to another party’s server, the Ninth Circuit has held that thisContinue reading “Court Strengthens Protection for Visual Artists”
The Lucky Shot May Be Quite Valuable
Everyone owns copyrights. But not everyone has a need to enforce their rights. As an operation of law, copyright rights “attach” to a work the moment it is created—and the most common type of work that almost everybody creates is the photograph. Typically, we tend to think about copyright in context to professional photography, andContinue reading “The Lucky Shot May Be Quite Valuable”
Federal Court Affirms: Memes are not a Copyright-Free Zone
We’ve all become accustomed to the never-ending parade of iconic images that get picked up as viral “memes.” From Grumpy Cat to Distracted Boyfriend and many more, people seize on images that starkly convey basic emotions and copy them, adding their own context, often to humorous ends. But somewhere there is a photographer who tookContinue reading “Federal Court Affirms: Memes are not a Copyright-Free Zone”
Registration: One Work, One Author, Lots of Rules
The Single Application Form The least expensive registration avenue offered by the Copyright Office is the Single Application form. For $45 ($20less than the Standard Application), you can submit your registration. However, the Copyright Office views this as a special discount and limits the use of Single Application. As the name suggests, you may onlyContinue reading “Registration: One Work, One Author, Lots of Rules”
Webinar – Protecting Your Passion
RightsClick and Qti.ai team up in their first joint webinar for creative entrepreneurs. Protecting Your Passion for your creative venture means protecting your intellectual property. Hear from creator/entrepreneur Jennifer L. Cook of Snake Arts about her experiences with IP and identity theft and learn what you should know for your business.
Creative Experience: Photographer Michole Forks
Michole Forks, age 35, is a professional photographer in the Bay Area. He’s passionate about working with families to create meaningful portraits. Micholino Photography How long have you been a professional photographer, and how did you get your start? I have been a professional photographer for 10 years. My journey in photography began as aContinue reading “Creative Experience: Photographer Michole Forks”
What is Original in Copyright Law?
In casual conversation or art criticism, we tend to use the word original to describe a new work that stands out for one reason or another. But in the world of copyright law, original is not that kind of judgment. Instead, it is a minimum standard for claiming authorship in a work. In fact, theContinue reading “What is Original in Copyright Law?”
SCOTUS Decision a Win for Copyright Owners
This morning, in the case Warner Chappell Music, Inc. v. Nealy, the Supreme Court decided how far back a plaintiff can recover damages for copyright infringement. The decision is a win for copyright owners. A Decade of Infringement The Copyright Act has a statute of limitations of three years, and it is generally agreed thatContinue reading “SCOTUS Decision a Win for Copyright Owners”
AI and Copyright Registration
If you’re feeling confused about copyright and artificial intelligence, you’re not alone. Many of the issues and conflicts related to this topic are going to work their way through lawsuits and policy changes over the next few years. Meanwhile, the Copyright Office has issued guidelines for registering a work that contains some element(s) produced withContinue reading “AI and Copyright Registration”