BLOG:  IP Legal Freebies

A FEW TIPS re managing copyright, trademarks and intellectual property  [Please note, the postings on this blog are for informational purposes only and do not constitute legal advice]   ...follow and subscribe to this blog on wordpress

Entries in Photo Copyright (32)

Tuesday
Sep262017

What does Copyright Protect? (Great Question!)

Asking what copyright protects is a great question!

Copyright is a form of intellectual property law that protects "original works of authorship" including literary, musical, artistic and dramatic works, such as photographs, articles, novels, sound recordings, sheet music, lyrics, jewelry designs, artwork, graffiti, poetry, screen plays, children's books, user manuals, website content, movies, computer software, and architecture. [THE KEY is that the material (or work) is ORIGINAL].

Can I copyright a name, title, slogan, or short phrase? In most cases, No.  These things may be protected as trademarks. However, copyright protection may be available for logo artwork. In some circumstances, an artistic logo may also be protected as a trademark.

Can I copyright the name of my band? No. Names are not protected by copyright law. Some names may be protected under trademark law.

Can I copyright my domain name? No. Domain names are not protected by copyright law. Some domain protection may be available under trademark law.

Can I copyright my idea?  No.  Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description (for example, a user manual), but be aware that copyright will not protect the idea itself as revealed in your written or artistic work.

Excerpt from the U.S Copyright Office at: www.copyright.gov/help/faq/faq-protect.html.

See also: “How to write a © Copyright Notice and Why to Use it” at http://wp.me/p10nNq-18; blog posts on trademarks and trademark registration at https://iplegalfreebies.wordpress.com/category/t-r-a-d-e-m-a-r-k; "Copyright Basics" at www.copyright.gov/circs/circ01.pdf ; "Copyright Protection Not Available for Names, Titles, or Short Phrases" at www.scireg.org/us_copyright_registration/circs/circ34.pdf ; @iplegalfreebies and www.iplegalfreebies.wordpress.com.

Friday
Aug072015

Positive PR Spin (The Silver Lining To Controversial Use of Instagram Photo)

A Positive PR Spin appears to be the outcome of choice for at least one of the folks who appeared in Richard Prince’s controversial display at the Frieze Art Fair in NYC earlier this summer. (The controversial artwork consisted of enlarged screenshots of people’s Instagram photos used without warning or permission – reportedly selling for $90,000 a piece. Blogged about here at http://wp.me/p10nNq-I0).

Lo and behold, the Instagram photo of Ms. Deere (pictured to the right) that Richard Prince put up for Screen Shot 2015-05-29 at 8.38.40 AMsale at the Frieze Art Fair was a photo that Ms. Deere posted to Instagram to promote a friend who makes beautiful, hand-crafted dolls (notice the doll in the photo to her right). The silver lining to Richard Prince’s use of Ms. Deere’s Instagram photo is that the photo was seen by even more folks… garnering more attention and notoriety… which Ms. Deere has been able to spin and re-share on social media for additional promotion of her doll maker friend.

Below is a photo and text shared by Ms. Deere recently on Instagram to refocus folks attention to the promotion of her doll maker friend. (As of today, Ms. Deere has 348K followers on Instagram).  Fingers crossed that Ms. Deere and her doll maker friend each make at least an additional $90,000.

Screen Shot 2015-08-07 at 9.54.47 AM

 

 

 

 

 

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

See also: earlier posts on this controversial exhibition featuring Instagram photos http://wp.me/p10nNq-I0 and http://wp.me/p10nNq-En; more information on Instagram’s Terms of Use at http://wp.me/p10nNq-En; Observer article: “Hey Doll, the Instafame of Pidgin at http://observer.com/2015/05/meet-the-doll-maker-and-instagram-star-hacked-by-richard-prince/; Washington Post article: “A reminder that your Instagram photos aren’t really yours: Someone else can sell them for $90,000″ at http://wpo.st/XXOJ0; @iplegalfreebies and www. iplegalfreebies.wordpress.com.

Monday
Jul062015

Avalanche of photos uploaded in a 24-hour period

Seeing the printouts of photos uploaded to Flicker over a 24-hour period is a sobering visual of the amount of content uploaded and shared in one day (on just one of many online photo-sharing websites).  Mountains of photographs… from floor to ceiling… as part of an installation by Erik Kessels titled, “24hours in Photos.”

http://www.kesselskramer.com/exhibitions/24-hrs-of-photos and http://www.images.ch/2014/en/festival-en/program/artists/erik-kessels-3.  The photographs included in this second link are particularly amazing, because, the instillation appears to be in a church and echoes a “devotion” to online photo-sharing which may be an almost, automatic reflex for many folks.  Personally, I find the sheer volume of content that folks share online staggering (often without even considering the rights that may be given away by merely using and posting the photos to an online photo-sharing website or social media site).

Before sharing photos online, it’s always a good idea to read the Terms of Use of the website so that you are aware of how your photos may be used by other folks after you post them.

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

See also: Other blog posts on Terms of Use for websites and social media at https://iplegalfreebies.wordpress.com/category/website-terms-of-use/ @iplegalfreebies and www.iplegalfreebies.wordpress.com.

Tuesday
Apr282015

Flaunt Your Originality (originality is key to copyright)

While speaking to a group of visual arts students recently, a recurring theme was to FLAUNT YOUR ORIGINALITY and savor using your original work.  We had a heart to heart moment that went something like this:FullSizeRender (2)

You all are an incredibly talented group of people.  You wouldn’t be sitting here in this room, in a prestigious art school, if you hadn’t already proven how talented and artistically creative you are.  When you create a montage or a creative work, make every bit of it original.  You want your work to show every person who sees it how talented YOU are.  Use your gifts.  Pitch your genius.  Tap into your creative talents and let your originality shine.

This heart to heart moment arose spontaneously in response to a question about originality being a fundamental element of copyright and the fair use exceptions to copyright.  (In my opinion, original work created by talented folks is always best.  Don’t even think about how or when a fair use exception may apply.  Just flaunt your original work).

Originality is key to securing copyright protection under U.S. Copyright Law.  Section 102 of the U.S. Copyright Law includes “original works” within the general definition of copyrightable materials.  Here is the text of Section 102(a):

(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works. [Full text of U.S. Copyright Law is available at www.copyright.gov/title17/circ92.pdf].

Today I am flaunting my originality with a flower arrangement of daffodils and parsley on my desk.  (Pictured above).

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

See also: “How to write a © Copyright Notice and Why to Use it” at http://wp.me/p10nNq-18 An outline of the topics covered in my discussion with art students on copyright is available at http://www.kasterlegal.com/iplegalfreebies/2015/4/6/copyright-contracts-outline.html ; U.S. Copyright Office Circular 1 on Copyright Basics at http://www.copyright.gov/circs/circ01.pdf; @iplegalfreebies and www.iplegalfreebies.wordpress.com.

Friday
Oct242014

Does Richard Prince’s New Exhibition Feature Instagram Photos?

Each piece in Richard Prince’s new exhibition at the Gagosian Gallery on Madison Avenue in NYC appears to be a screenshot of someone else’s Instagram post that Prince has commented on and then printed onto canvas …and is selling through the Gallery.  This novel exhibition is fascinating; because, it is an example of mining content posted to a social media website under broad licensing and terms of use.

Social media websites generally allow users to post content, including photographs, under the website’s terms of use that grant a broad license to the posted content. Users generally retain ownership to posted content under the terms of social media websites. However, monitoring who uses the content and whether or not permission is needed when other folks use content posted to social media can get murky and varies depending upon the website’s Terms of Use.

For example, the Terms of Use posted to Instagram includes the following language:

“you hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service.”

“Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings that you set. To change your privacy settings on the Service, please change your profile setting. Once you have shared User Content or made it public, that User Content may be re-shared by others.”

Instagram and other social media websites do give users ways to report violations including copyright infringements and can (and often do) disable or delete accounts of users who repeatedly violate other users and the website’s Terms of Use. Back to Richard Prince, I read that his Instagram account has been turned on and off more than once. Evidently, this has become a flattering statement regarding the artist’s edginess. Since, Prince is a celebrity artist; Instagram may earn virtual cache by having him as a user. As far as the folks whose Instagram photos appear to be featured in Prince’s exhibit (New Portraits, at the Gagosian) I recognized a few celebrity faces and haven’t read about any objections or lawsuits.

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

See also: for more information about Richard Prince and his exhibition titled New Portraits at the Gagosian Gallery through October 25th, see: http://www.gagosian.com/artists/richard-prince, http://www.gagosian.com/exhibitions/richard-prince–september-19-2014 and http://www.richardprince.com/bio/; for more information about the exhibit see: http://www.supertouchart.com/2014/09/23/first-look-richard-prince-new-portraits-at-gagosian-madison-ave/, http://hyperallergic.com/152762/richard-prince-inc/, http://www.vulture.com/2014/03/how-richard-prince-got-kicked-off-instagram.html; See also Instagram’s Terms of Use and Privacy Policy (note that the terms are subject to change): http://instagram.com/about/legal/terms/# and http://instagram.com/legal/privacy/#@iplegalfreebies and and www.iplegalfreebies.wordpress.com.