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Search Results for: copyright infringement

How does implied license and quantum meruit affect how clients use my photos?

Before you give up and go find something else to read, we need to talk about a couple of concepts that come up time and time again in the context of copyright conflicts, especially in digital media. These concepts are “implied license” and Quantum Meruit.   Implied License The “implied license” doctrine is relatively limited …

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5 Laws You Didn’t Know About – But Can’t Avoid (or else!)

“I didn’t know that law existed” Sorry, friend. That doesn’t really matter. Ignorance is not a defense. If you’re putting yourself out like a professional photographer- ACT LIKE IT! Click to watch the 5 laws you didn’t know about that could GREAT impact your photo biz negatively!   So, where am I supposed to know …

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3 ways NOT knowing Intellectual Property laws can bite your biz in the butt

It’s not IF it happens. It’s WHEN it happens. Yes. Intellectual property impacts your business daily. And others who don’t know (or don’t care) about IP laws can take away from the brand you’ve built and/or products you’ve created. I’m sure you’ve seen this in groups: Someone jacked my images and is using on their …

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X used my images without asking, now what?

X used my images without asking, now what? In our large, but totally awesome, Facebook community – this is the #1 question that we get repeatedly.  Why? Unfortunately, it’s because people don’t give a damn about respecting others intellectual property.  Whether it is images, logos, music..you name it.   Now yes, I understand that many simply …

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Is It Okay To Use Other Peoples Photos for Educational Purposes

Is It Okay To Use Other People’s Photos for Educational Purposes

It has probably happened to every single one of us.  You wake up one morning, open your Facebook feed or Instagram and see an amazing photograph that someone has posted. Sometimes, the photograph is a share and you can trace it back to the original source.  Other times, someone has just copied someone else’s photograph …

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What do you do when a client asks you to edit photos from another photographer?

What do you do when a client asks you to edit photos from another photographer?

For many photographers the knee jerk answer to a client asking you to edit photographs taken by another photographer is no, or no way. But, no might not always need be your answer. Now, just hang with us for a couple of minutes while I explain.  Let’s talk first about the questions you need to …

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Using images/art by another photographer/artist in your workshop presentation

  Educational Use It’s been widely held that the first prong of fair use will be satisfied if an artist or any person uses the image for purposes of commentary, criticism, reporting, or teaching. What this means is that “Fair use” (17 U.S.C. §107) is a limitation on the rights of copyright owners. Because of …

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What do I do if someone makes an illustration or painting based on my photograph?

As we know, only a copyright holder has the exclusive rights to a creative work, and only they can grant a person a license to use their image or work. So what if you believe someone has imitated or copied one of your photographic images? The short answer: If an artist makes an illustration or …

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Taylor Swift Eases Bad Blood With Photographers

Last month Taylor Swift came under fire from the photography community for some claims of outrageous provisions in her concert contracts.   Bottom line: Her contracts were accused of being “rights-grabbing” and putting photographers in poor bargaining positions – while she sat claiming to Apple that musicians, fellow artists, needed to be fed too.  That’s paraphrased …

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Reproduction of Photographs: What is legal?

Do you remember in 2nd grade when Susie copied your cool new high top converse all stars and your side pony tail? Remember when your Mom said that imitation is the sincerest form of flattery? Well, that may be true, but don’t forget about this little thing called copyright! Here is the scenario: You take …

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How Thicke and Pharrell Blurred Lines for Photographers

As if running a photography business by marketing and managing clients isn’t hard enough we have to worry about the legal implications of our actions.  Typically this is as easy as understanding how to get set up, what taxes to pay and how to treat clients within the law, however, recently the lines of copyright …

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Is photographing a logo legal?

As photographers, we don’t just have shoots in a studio. We are out and about, constantly scouting fun and unique backgrounds. This might bring us downtown, where we might utilize a unique storefront as a backdrop or having an engagement shoot in a bookstore for two bookworms. In these instances you might purposefully capture a …

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Top 20 TheLawTog Articles for Your Photography Business

As we wind down the year here is a listing of the top 20 TheLawTog blog posts to help you get your business in gear for the New Year!   TheLawTog is the legal resource for photographers with photography contracts, live webinars, online education and exclusive email tips.    1. How to set up (or …

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THELAWTOG TERMS OF USE & TERMS OF PRODUCT PURCHASE Updated 12.19.2019   IMPORTANT INFORMATION PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE OR MAKING A PURCHASE!   – TERMS OF USING THIS SITE These Terms of Use apply to all users of this Site. By using this Site you are agreeing to comply with …

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Can I use music in a client slideshow or marketing?

Understanding copyright law and music licensing can be about as clear as mud.  When you are creating marketing materials or client products, you must have an understanding of what is proper or isn’t. Some examples include: slideshows for business promotion use of music during a sales presentation background music in a client slideshow for purchase music …

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Trademarks: How Can I Protect My Photography Trademarks?

You’ve gone through the expensive and time consuming process to protect your photography business marks.  Now it is time to protect it! Here is the process for you to protect the trademarks you’ve registered for your photography business.   What can I do to protect my mark? Use it! Properly identify your mark’s status by …

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An Open Letter to Richard Prince from Photographers Everywhere

Dear Richard, You sneaky “artist” you. You’ve certainly been getting the Internet in a tizzy this past week, however you’ve been doing this for years, huh? Since the 1970’s you’ve been stealing other people’s work and using it to make money and a name for yourself. Interesting. I just have some food for thought for you: …

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