Richard Bell, an attorney-photographer who has filed and settled many infringement lawsuits, has learned that a loss at trial can be particularly expensive when a court ordered him to pay a defendant’s fees. READ MORE
(By accessing, browsing or using the pages below, you agree to the Blog Conditions of Use/Disclaimer available under "Links.")
Posts
Not a bargain at twice the price: Court awards attorneys’ fees to victorious copyright defendant
Mike Nepple
September 16, 2020
Small photo credit removal may result in big damages
Mike Nepple
September 14, 2020
Omitting a small print photo credit can get you in big trouble under the copyright laws. That’s what happened recently when a court affirmed an award of almost $74,000 against BuzzFeed, when a reporter copied a photo from the New York Post and removed the photographer’s name. READ MORE
The bell tolls for alleged copyright claim to skyline photo
Mike Nepple
October 31, 2019
A federal jury in Indianapolis found that retired attorney Richard Bell does not own the copyright to a photograph of the Indianapolis skyline — an image at the heart of dozens of infringement lawsuits Bell has filed over the years. READ MORE
Willie’s Creative Commons lesson: The essential attribution requirement
Mike Nepple
March 1, 2019
Take it from a recent case involving a free-to-use photograph of Willie Nelson: even Creative Commons-licensed photos can land you in court if you don’t follow the attribution requirements. READ MORE
Social media photos, once again, are not fair game
Mark Sableman
January 29, 2019
For those who missed the message five years ago that social media photos aren’t free to use, a new decision has renewed and reinforced that message. The circumstances of the case may make this decision hard to forget or ignore. READ MORE
It’s no joke: Some copyrights are thin weaklings
Mark Sableman
October 30, 2017
If copyrights are intangible, how can they also be “thin” or “broad,” “weak” or “strong” – words that are frequently used to describe the breadth of a copyright’s application in infringement cases? READ MORE
Fox News fair use claim for Facebook post of 9-11 image remains unresolved
Mike Nepple
July 7, 2016
Earlier this year, just hours before beginning jury selection, Fox News settled a copyright dispute regarding its use of Thomas Franklin’s iconic photograph, “Raising the Flag at Ground Zero,” thus leaving its fair use argument unresolved. READ MORE
Is appropriation art ‘fair use’?
The artist Richard Prince, who is sometimes known as the #PrinceofAppropriation, claims that copyright law protects the artistic style he calls “appropriation art.” Photographer Donald Graham filed suit against Prince, alleging Prince infringed the copyright in Graham’s photograph. READ MORE