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Small photo credit removal may result in big damages

Mike Nepple September 14, 2020
A closeup of a smartphone held by a hand displaying news

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

Why potential claimants should take care with DMCA takedown demands

Justin Mulligan September 1, 2020
copyright

A recent decision shows why intellectual property owners need to verify the merit of their DMCA takedown notices before making them. Improper DMCA takedown notices can lead to costly litigation and potential liabilities. READ MORE

Enforce your repeat infringer policy

Mike Nepple February 13, 2018
copyright

The Digital Millennium Copyright Act (DMCA) sets up safe harbors so that service providers generally aren’t liable for their customers’ infringements, but the safe harbor provisions require providers to cut off repeat infringers. The responsibility falls on the Internet service providers to not only enact a repeat infringer policy but they must also enforce their policy. The Fourth Circuit Court of Appeals so held in a lawsuit brought by BMG Rights Management (US), LLC against Cox Communications, Inc. READ MORE

Photographer hits retailer over photo of player hitting Joey Bats

Mike Nepple March 20, 2017
Rougned Odor hitting Jose Bautista

A Texas-based photographer has sued a sports media website for allegedly selling copies of his copyrighted photo of an infamous scuffle at second base between pro baseball players Rougned Odor and Jose Bautista. READ MORE