In the 1700s, the Constitution gave Congress the following authority:
To “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
As far back as the creation of our country, our founding fathers believed that creators of original work should have the exclusive right to control that work, even if for a limited time. Historians tell us that this provision intended to encourage creativity and innovation by giving creators an opportunity to benefit from their hard work.
US laws have changed since the 1700s, but our country still holds the values it did back then. Copyright laws provide the rules under which photographers, writers, and other creative professionals can retain control over their work.
As technology has changed, so have the laws. With social media, the internet, and the ability to instantly share things with millions of people, copyright and intellectual property rights are more complicated than they were 200 years ago. But the central value remains the same- the creator of original work should retain control over its use.
A copyright automatically vests to the creator or author of an original piece of work. In this context, an author includes the creator of books, photographs, poetry, songs, and other creative work.
Copyright gives the exclusive right to do five things:
Copyright means that you control what happens to the work you create.
You can hold on to that control, or you can permit others to use it, usually for compensation.
As part of your control over your work, you can grant permission to others to use it. Typically, a license contract contains the terms of use and compensation. In such a license agreement, you can negotiate your fee and set limits on the use of your work.
You can decide, in addition to your terms of compensation, how the work gets used, for how long, in what location, and by what entity.
The value of ownership over creative work is so important in this country that the laws make copyright automatic. As long as the work is:
It is not difficult to meet these criteria, and when you do, you automatically have copyright. There is no need to do anything else.
However, filing your copyright is a good idea, in case a legal dispute arises in the future. Registering your copyright can help you obtain the maximum statutory damages.
If you think someone is using your creative, original work without permission or is violating the terms of your licensing agreement, contact our copyright lawyers at Sanders Law Group, immediately.
Call us today at (800) 979-3707 for a free evaluation of your copyright infringement case.
The photography and camera news website PetaPixel.com reported on June 15, 2020, that a professional photographer and his model subject are suing Volvo. In a complaint filed in California on June 9, 2020, automotive photographer Jack Schroeder and model Britni Sumida allege that Volvo committed “willful and wanton” copyright infringement. The complaint also contains claims of misappropriation of a likeness and unfair competition.
Schroeder photographed Sumida in the California desert during the “super bloom.” The pictures feature Sumida, leaning on a Volvo S60, with the desert, flowers, and sunset surrounding her. The photoshoot was a “portfolio building shoot” for both Schroeder and Sumida.
Schroeder posted the images to Instagram. Volvo’s Instagram account twice requested permission to use the pictures for free. Schroeder declined to respond to the Instagram request because it was vague, provided no compensation, and would have allowed Volvo to use the images in perpetuity without restrictions. Schroeder claims that Volvo wanted to use the pictures for advertising purposes.
Schroeder then reached out to Volvo via email to offer a licensing opportunity for the images and others on his website. He received no response and assumed they weren’t interested. Schroeder then saw some of his photographs on Volvo’s Instagram story and Pinterest accounts.
Volvo refused to remove the images until after Schroeder and Sumida filed their lawsuit. The complaint alleges that Volvo willfully and wantonly violated Schroeder’s copyright. Schroeder claims that he explicitly denied permission to Volvo and offered to discuss a valid license agreement. Volvo ignored both and used the images anyway.
Sumida claims that she lost income, and her career is in jeopardy because of Volvo’s copyright infringement. Sumida had a contract with a different carmaker that contained a non-compete clause. Volvo’s use of these pictures put Sumida in violation of her agreement.
The lawsuit does not request a specific amount of monetary damages. PetaPixl reports that “plaintiffs are seeking actual and punitive damages, all profits that Volvo made as a result of these advertisements, attorney’s fees, and an order preventing Volvo from using these images again.”
Our copyright infringement lawyers are dedicated to making sure photographers get paid for their work. Call Sanders Law Group, for more information on filing a copyright infringement claim. You can reach us at (800) 979-3707
If you are a photographer who makes a living by photographing actors, models, and other
celebrities, you must understand your rights. Too often, people are taking advantage of photographers, using their pictures without permission or compensation.
US copyright law exists to protect the creative work of artists and other creative professionals, like photographers. The minute you take a picture, it receives copyright protection. This means that using that image requires your permission, should you decide to give it.
The terms of that permission are usually contained in a license agreement. License agreements typically provide limits to how and for how long someone can use the image. License agreements also set the terms for compensation.
The public tends to believe that once a picture is on the Internet, it is free to use for any purpose. As a celebrity photographer, you know better.
As the photographer of a musician, actress, or movie star, you can do what you choose with your copyrighted pictures. You can post it on Instagram and Facebook. You can grant a license to a website, a magazine, or your best friend who wants to sell t-shirts. You can give people permission to publish and use your pictures for free, with no restrictions, or you can require compensation and limit the terms of use.
No matter what you choose to do, you still hold your copyright, and others are not allowed to take your celebrity photographs and republish them.
If you are a celebrity photographer, you know how difficult it is to get a valuable picture. You might spend hours waiting for a glimpse of a celebrity so you can try to capture his face. You might take hundreds of pictures of someone on the street or leaving a restaurant before capturing “the right one.”
Make sure you get paid for your hard work. Don’t let publishers use those pictures without licenses that contain terms that, among other things, ensure you receive fair compensation.
Celebrity photographers need to beware of celebrities and businesses using pictures on social media.
We are finding more and more models, actors, and influencers, posting pictures on Instagram taken by photographers like you. These celebrities are posting pictures without your permission. Being the subject of a picture does not give anyone the right to use it without permission. It might be a violation of copyright law.
If a celebrity or publisher has used your pictures without your permission, call our copyright lawyers at Sanders Law Group. Under copyright law, you might be entitled to monetary damages. Call us today at (800) 979-3707 for a free evaluation of your copyright infringement claim.
Before entering into a licensing agreement, photographers should consult with experienced copyright lawyers. At Sanders Law Group, our lawyers are dedicated to protecting photographers from copyright infringement. We want to make sure that you get paid what you deserve and that your licensing agreements provide you with terms that reflect your wishes. If a business or individual the terms of a licensing agreement, our copyright lawyers have the resources, experience, and determination to seek accountability and compensation.
For photographers, licensing is often the best way to earn a living from taking pictures. Capturing a beautiful image of something natural or a celebrity can generate income for someone who took the photo or others who want to use that image. As the photographer of such a picture, YOU hold the rights. You have a copyright on your photo the moment you take it. It is up to the photographer to decide what happens to that picture.
Licensing agreements are the best way to ensure that you control the use of your images. Licensing agreements allow a copyright holder to:
When consulting copyright lawyers about creating any licensing agreements for your photographs, consider how you want your images to be used.
Ask yourself: What will it mean if someone uses my pictures? How will it affect my reputation as a photographer? How will issuing a license affect the value of my work? How could this licensing agreement affect my compensation now or in the future?
Every licensing agreement can differ depending on the wishes of the photographer and the licensee. Your copyright lawyers can help work out the details, so any contract is a true reflection of what is best for you, the photographer.
There are a few fundamental rights, however, one of which usually exists in some form, in most licensing agreements involving photographs.
Non-Commercial rights are what photographers grant when they don’t want their pictures used as part of income-generating activities. When photographers do not want others to profit or earn income from their work, they can agree to give a license for non-commercial use.
These agreements often allow the licensee to use pictures for things such as school newsletters, blogs, and personal websites.
Rights that are “Commercial”
Photographers confer commercial rights in license agreements when they want to allow the licensee to use pictures for commercial purposes. Usually, commercial rights are associated with advertising materials or the creation of products.
Rights that are “Exclusive”
Photographers can grant exclusive rights. This means that you permit someone to use a specific picture with a promise that you will not allow any other entity to do so. Photographers who agree to give exclusive rights may not resell or license that photo to anyone else at any additional time. Photographers should consider if they want the licensee to have the right to sell those photos to others.
Rights that are “Non-Exclusive”
When photographers grant non-exclusive rights, it means you can sell your images to various people and entities.
“First Rights”
Photographers who sell pictures to magazines, newspapers, and other publications often grant the publishers first rights. First rights mean that the photographer agrees to sell to a particular client before anyone else. Then, photographers are free to sell the image or license it to others.
The right of “One Time Use”
This type of licensing contract is used when a photographer wants to sell the right to use a picture one time, for a single, specific use.
Call Sanders Law Group, to find out how we help photographers protect their rights. Whether you think your copyright is being violated, you need help drafting licensing agreements, or someone has violated the terms of an existing contract, call our lawyers today. You can reach our experienced and dedicated copyright infringement lawyers at (800) 979-3707.
As a professional photographer, you understand the importance of granting licenses to others in exchange for appropriate compensation. Licensing agreements ensure that you get paid and maintain control over how, when, and where your photographs get used.
Licensing agreements are an essential part of any successful photography business.
You should not leave the terms of your licensing agreements to chance. Despite US Copyright Laws, which grant exclusive rights to photographers, there are few ways to control where your photographs end up. With today’s technology, it has become easy for people to share, print, and even profit from, images without ever acquiring permission or paying the professionals who work hard to capture them.
Our copyright lawyers at Sanders Law Group, are devoted to protecting the rights of photographers when individuals violate copyright laws and agreed upon terms of use.
Our copyright lawyers work with photographers to create iron-clad licensing agreements. We aim to ensure that license agreements reflect any restrictions photographers wish to place on using their images and provide appropriate compensation for their hard work. Remember, you get to decide how your pictures will get used and for how long. You get to determine what they are worth. If you want to protect your legal rights, be sure to seek representation from our copyright lawyers who always have the best interests of photographers in mind.
If you are a photographer seeking to earn money from your pictures, there are some things you might want to consider when consulting with copyright lawyers licensing agreements. You might want to explore different terms for some images instead of others, or for individuals and corporations. Ask yourself some questions:
The answers to these questions may differ depending on whether your business is just getting off the ground or you are an established photographer. The answer may also change according to the type of photographer you are- photojournalist, historian, paparazzi, personal photographer, or a freelance photographer.
You want to get paid for your photographs. You want to make sure they get used per your visions and wishes. Our copyright lawyers ensure that your license agreements provide you with the terms of use and compensation you want. At Sanders Law Group, we can also offer tenacious representation of photographers in the event someone violates your license agreements.
Call us today to enforce your copyrights. You can reach our copyright lawyers representing photographers at (800) 979-3707.
A copyright lawyer and photographer in Indiana was victorious in his copyright infringement lawsuit against a local business. Richard Bell, according to The Indiana Lawyer, sued “after discovering in late 2017” that Merchants Bank of Indiana “was using a photo he had taken of the nighttime Indianapolis skyline.” Indiana Southern District Judge James Patrick Hanlon ruled that the bank infringed on Bell’s copyright but that the infringement was not willful.
In court documents, Bell established that the photo, used on the bank’s website, was registered with the US Copyright Office. He claimed that neither the bank or the bank’s website developer, Sonar Studios, Inc., obtained a license to use the picture. The bank removed the photo from its website and the website’s media library after Bell notified the bank that he held the copyright to it. Bell filed the infringement suit after that, and the parties requested summary judgment.
The judge split his decision between the parties. Hanlon ruled in Bell’s favor, writing that “Bell proved ownership” of the picture and that the bank infringed on his copyright. The judge ruled in favor of the bank, however, on the issue of willfulness.
In this case, the bank tried to use a 2019 court decision to back up its claim that Bell did not have ownership rights to the picture. In that previous lawsuit containing similar allegations to this one, Bell ” was found not to have a valid copyright for a contested photo of the Indianapolis skyline.” That photo, however, was taken during the day. The photo at issue here was taken at night. Judge Hanlon determined this was an important distinction.
In Judge Hanlon’s summary judgment in the bank’s favor, he determined that there was no evidence that copyright infringement was willful. The bank employee who chose the photo from the online media library of the bank had no control over what was stored in the library – it was the web developer who provided the image to the bank. He stated, “there was nothing in the Photo itself, such as a watermark or copyright symbol, suggesting it was copyrighted material.”
At Sanders Law Group, our practice is dedicated to protecting copyrights of photographers and other creative artists.
If you need assistance with a copyright issue such as filing a copyright infringement lawsuit, drafting licensing agreements, or pursuing recourse after someone violates your legal rights, call our office. You can reach our copyright infringement lawyers at (800) 979-3707.
