• Posts Tagged ‘stock photography suits’

    Condition or Covenant? The Answer

    by  • April 12, 2018 • copyright • 2 Comments

    I posed the question whether an overrun in a book printing was a breach of the copyright license granted for the use of photos in the book or just a breach of a covenant of the agreement. The court described the issue this way: According to Scholastic, “Corbis did not treat ongoing, high-volume...

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    Condition or Covenant? A Quiz

    by  • April 9, 2018 • copyright • 1 Comment

    When parties enter into an agreement that includes a copyright license, and there is thereafter a failure to comply with one of the terms in the agreement, a court will have to decide whether it is a failure to meet a condition precedent to the license, in which case the accused use is not...

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    The Second Circuit on Assigning the Right to Sue

    by  • February 19, 2018 • copyright • 1 Comment

    I’ve written in the past (recursive link) about the phenomenon of copyright infringement lawsuits brought by photographers or their agents against textbook publishers. The textbook publishers allegedly exceed the license they had for the use of stock photos, either by exceeding the number of print copies authorized or using the works outside of the...

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    An Exclusive License or Exclusive Agent?

    by  • February 12, 2018 • copyright • 2 Comments

    I previously wrote about an Oregon decision, Fathers & Daughters Nev., LLC v. Zhang. The case was dismissed because the author of the film, the plaintiff, had exclusively licensed the infringed rights to someone else, so couldn’t sue for infringement itself. This post is a separate one to address an interesting footnote in the...

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    You Will Never Get a Copyright Registration Right

    by  • September 9, 2016 • copyright • 1 Comment

    I previously wrote about the licensing discussion in Palmer/Kane LLC v. Rosen Book Works LLC, but the decision also points out what is the near impossibility of successfully registering the copyright in a work so that you can actually have a lawsuit claiming it was infringed. Palmer/Kane originally alleged the infringement of 19 works,...

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    The Copyright License As a Property Right

    by  • August 3, 2015 • copyright • 3 Comments

    There are a slew of lawsuits against textbook publishers alleging use of stock photography beyond the scope of the original license (recursive link). Whether one characterizes it as massive intentional infringement, or a simple failure of the publishers to track their use and true-up on their licenses, it looks like it is a pervasive...

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    The Photography Suits In a Nutshell

    by  • July 8, 2014 • copyright • 1 Comment

    I’ve been writing for some time (recursive link) about numerous lawsuits between photographers, or their agencies, and textbook publishers that have used photographs in excess of what they originally licensed for their books. Mostly I’ve been writing about challenges to standing, which are early in the cases on a motion to dismiss. But some...

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    Righthaven, the Gift that Keeps on Giving

    by  • June 25, 2014 • copyright • 1 Comment

    I’ve written before (recursive link) about copyright registrations by photo agencies. Rather than individual photographers registering their own works, it is common practice for a photo agency to periodically register the works of many photographers en masse. As described in a recent 9th Circuit opinion, the process was created collaboratively by a photography trade...

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    Four Agreements, No Standing

    by  • April 14, 2014 • copyright • 1 Comment

    Today’s post is another of the many currently-pending lawsuits by photographers against textbook publishers (recursive link) for under-reporting the number of copies of books that were published. In this case, the defendant publisher Pearson Education challenged the standing of plaintiff Viesti Associates, Inc., a stock photo agency. Viesti had four different agreements with photographers,...

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