copyrightlaw

Generative AI is a Minefield for Copyright Law

In 2022, an AI-generated work of art won the Colorado State Fair’s art competition. The artist, Jason Allen, had used Midjourney – a generative AI system trained on art scraped from the internet – to create the piece. The process was far from fully automated: Allen went through some 900 iterations over 80 hours to create and refine his submission.

Arguing over Ai generated art rights

AI Image Generators are a New Frontier of Copyright Confusion

Artificial intelligence-powered image generators have exploded into the mainstream. Thanks to support from major stock sites, they are also an approachable route to making money. But as is almost always the case, when money gets involved, the situation quickly becomes far more complicated.

Photographer Wins Lawsuit Against BuzzFeed, Sets Major DMCA Precedent

Last week, photographer Gregory Mango won an important lawsuit against online publication BuzzFeed; it's important, not because of the payout involved, but because of the precedent set by the court, which ruled that BuzzFeed was liable for 3rd party infringement of his photo because they removed his copyright info from the image.

Volvo Says All Public Instagram Photos are Fair Game in New Court Filing

A couple of months ago, automotive photographer Jack Schroeder and model Britni Sumida filed a lawsuit against car maker Volvo, accusing them of "willful and wanton" copyright infringement. In a major update to the case, Volvo is trying to get the suit thrown out by claiming that all public Instagram photos are basically free to use and share.

Instagram’s Moral Imperative: Let Users Disable Embedding

The past few years have made it abundantly clear that platforms hold disproportionate power in the online sphere – from Uber to Grubhub to Amazon. Online success is predicated on building both utility as well as a critical mass of users, and for that, platforms should be congratulated.

Google Search Could Ditch All Photo Thumbnails Under EU Copyright Law

In September 2018, the European Parliament voted in favor of the highly controversial EU Copyright Directive, which aims to "harmonize" copyright law across Europe. But critics argue the law could destroy the open Web, and now Google is showing an eye-opening look at what its search results could soon look like.

5 Common Copyright Misconceptions Held by Photographers

The most recent version of the Copyright Law of the United States (December 2016) weighs in at a whopping 354 pages. And while there are areas of ambiguity, the basics and benefits of copyright registration for photographers are well-documented. Unfortunately, well-documented doesn’t mean well-understood, so we asked attorney (and former photo rep) Leslie Burns to weigh in on a number of common copyright misconceptions that still persist, and why you should register your copyright.

Imitation vs. Copying in Photography: The Issue of Derivative Works

On Saturday, PetaPixel ran the story of a photographer whose photo had been imitated to a surprisingly thorough degree by a German ad agency. While a poll on that article suggested that a clear majority (~74%) of respondents saw it as unethical plagiarism, I thought I’d dig into the legal aspects a bit.

The Basics of U.S. Copyright for Photographers

When I was in college, I lived for a while in a crappy little rental house next to a cemetery. Neither I nor my roommate, Brad, knew how to cook anything, and we ate bologna sandwiches pretty much all the time. Eventually, someone gave us a cookbook so simple that even a half-starved English major could learn a few basic dishes--the first page actually had step-by-step instructions, with pictures, for making toast in a toaster.

Blockai Uses the Bitcoin Blockchain to Protect Your Copyright

For better or worse, copyright law hasn't changed much in the United States even as technology has made it far easier for people to steal or "appropriate" your work. But a new service called Blockai thinks it can help by using something called the bitcoin blockchain.

Court Says Copyright Owners Must Consider Fair Use Before Sending DMCAs

If you find that someone is using your photo online without your permission, one thing you can do is send a DMCA take down request to force the hosting company to remove the image. But be careful, though: you need to make sure the usage doesn't fall under fair use. Otherwise, you could be liable for sending a bad-faith take-down notice.

Orphan Works Copyright Law Being Considered Again in the US

Heads up, photographers: major changes to US copyright law may be just around the corner, and you may or may not like what's being proposed. The US Copyright Office recently published a report titled "Orphan Works and Mass Digitization," which examines and recommends potential solutions for the issues of orphan works (i.e. the use of copyrighted images when the owner cannot be found) and mass digitization (i.e. projects like Google Books that digitize vast amounts of copyrighted works).

In-Depth Presentation Demystifies the Gray Areas of Copyright Law for Photographers

Update on 12/16/21: This video has been removed by its creator.

This hour and fifteen minute-long presentation is one of the most detailed and useful videos on copyright law for photographers that we've run across. Put together by B&H in New York, they asked the The Copyright Zone guys, photographer Jack Reznicki and lawyer Ed Greenberg, to tell viewers and attendees "everything you wanted to know about copyright but were afraid to ask."

Tour Manager: Concert Photogs Who Want Payment for Social Media Use Can ‘F*** Off’

One would think that those in the photography and music industries would act as allies -- both industries, after all, are built upon the hard work or artists and storytellers who have spent years honing their craft.

However, all too often, they wind up butting heads as was the case with the Red Jumpsuit Apparatus story two days ago and, now, with this Facebook rant from a major band's tour manager.

Band Responds in the Worst Way Possible After Stealing Photographer’s Work

In the beginning of April, Sydney-based photographer Rohan Anderson found himself embroiled in a nasty back-and-forth with the band Red Jumpsuit Apparatus over a photo of his they had used without credit or permission.

Often, when you let someone know they've infringed on your copyright, you get an apology and an offer to make things right. This is not what happened to Anderson.

Getty & AFP Appeal $1.2 Million Copyright Infringement Verdict

Getty Images and Agence France Presse are avid protectors of their own copyright privileges. But when the chaussure is on the other foot?

Haitian photographer Daniel Morel continues to find out that it's a whole different ball game, as the agencies try to evade the $1.22 million penalty levied against them for stealing eight of Morel's images of the aftermath of his country's devastating 2010 earthquake.

NYC Mayoral Candidate in Hot Water After Campaign Ad Used Swiped Flickr Shots

New York Republican mayoral candidate Joe Lhota may be running as a law and order guy, but apparently the "law" part doesn't cover intellectual property.

Turns out nine of the images used in a recent Lhota campaign ad -- an ad meant to illustrate what a mess the Big Apple used to be -- were taken without permission from Flickr users, several of whom are not too happy about it.

250 Million Reasons You Should Register Your Photo Copyrights

We recently spoke to PhotoAttorney.com’s Carolyn Wright and former ASMP President Richard Kelly about the importance of registering your copyright regularly. In that vein, A Photo Editor recently updated us on the Richard Reinsdorf v. Skechers case, which illustrates the complexity of copyright violation cases and re-emphasizes the necessity of copyright registration.

Dotspin: Rewarding Creative Commons Photogs for Sharing Quality Pictures

There's a brand new service in town that's looking to help out those photographers who choose to share their images for free with the online community. Powered by Creative Commons, the new website Dotspin uses a hashtag and voting system to determine a photo's quality and give the photographer a chance to earn credits towards rewards such as restaurant gift cards.