Tag Archives: photography

World Photography Day: AI and the Photographic Copyright

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”

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”

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”

5 Reasons Photographers Should Build Copyright Registration into the Budget

It’s affordable. As an afterthought, any kind of fee might seem pricey. But when you’re planning a project, accommodating less than $100 is probably easy. And because that will cover the registration of up to 750 images on one application, you can protect the photos from a whole job, or possibly more than one job.Continue reading “5 Reasons Photographers Should Build Copyright Registration into the Budget”

Did You Publish Photographs in 2023?

As the year draws to a close, we want to remind photographers in particular about group registration of published photographs. Ideally, your work is best protected when it’s registered with the Copyright Office before it leaves the studio. But deadlines and schedules being what they are, we know that registration often slips through the cracks.Continue reading “Did You Publish Photographs in 2023?”

Commercial Publishers Keep Using Photos Without Permission

by David Newhoff – Republished from The Illusion of More I understand pursuing a fair use defense in a copyright case when the user of a work does something new and creative and believes there is a plausible argument to be made. I also understand why copyright skeptics file amicus briefs seeking opinions that wouldContinue reading “Commercial Publishers Keep Using Photos Without Permission”