Category Archives: Photography

Only An Author Can Create A Copyright — That’s No Monkey Business

Posted on July 11, 2011 by

The author who creates a work initially owns the copyright in the work.  The writer who writes the next novel, the painter who magically makes the canvas come alive, the musician who records the next hit all initially own the … Continue reading →

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Federal Circuit: Korean War Memorial Stamp Violated Sculptor’s Copyright

Posted on March 2, 2010 by

Sometimes a 37¢ stamp does buy quite a bit.  One lucky sculptor, Frank Gaylord, may find that such a stamp could give him some extra spending money in the neighborhood of six or seven figures. The Court of Appeals for the Federal Circuit recently reversed the … Continue reading →

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You Chose: Four Years Of Litigation Or Taking Care Of The Copyright Portfolio

Posted on February 2, 2010 by

As one of my daughters has discovered Calvin & Hobbes cartoons, I wonder whether she’ll be inspired to try some of Calvin’s outlandish ideas such as barreling down a steep hillside and over the abyss in a red wagon or if … Continue reading →

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Debate Continues Whether A Photography Is A Derivative Work, But 7th Circuit Issues Broad Ruling

Posted on January 26, 2010 by

Derivative.  Is there a less appealing or scarier word in which to start a horror novel or blog post? The very word conjures up everything complex in the financial world and issynonymous with our current economic disaster. Woe be to … Continue reading →

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A Stunning Confession Potentially Destroys Fariey’s Fair Use Defense

Posted on October 17, 2009 by

Despite depictions in TV shows and the movies, most court cases do not involve dramatic confessions, cover ups and Presidential politics.  Of course, most court cases don’t involve Stephen Fairey.  From pasting the Obey Giant (now his Twitter name) and other “Obey” posters on public property … Continue reading →

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Are You Gambling With Your Copyright By Entering That Photography Contest?

Posted on July 14, 2009 by

“Winner, winner, chicken dinner!” I’m told that the phrase first started in Las Vegas casinos where you would hear gamblers and dealers yell it out as winners would earn enough from their bets to buy the three-piece chicken special at the casinos.  … Continue reading →

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What To Do Before Posting Your Photographs On Facebook (Or Anywhere Else)

Posted on April 27, 2009 by

Either this week or next, Facebook will make it official that it will follow its new terms of use — the legal stuff buried in a link at the bottom of the homepage entitled “Terms“.  Who cares? If you are a writer, … Continue reading →

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When Celebrities Hang Out At The Pawnshop

Posted on March 17, 2009 by

It is no secret that banks large and small pulled the Persian rug (perhaps a green one for St. Patrick’s Day) out from art buyers who sought to finance their purchases with a loan.  The Wall Street Journal noted this trend back in April … Continue reading →

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Happy Birthday Barbie! Things I Learned From Barbie . . .

Posted on March 8, 2009 by

Barbie, the iconic doll who lines the shelves of big box and mom-and-pop toy stores everywhere, celebrates her 50th birthday today.  I was more of a G.I. Joe kid growing up, but I’ll be the first to admit that Barbie has done more for … Continue reading →

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