Copyright Alliance’s Post

Ever spotted a pic of yourself online and felt like sharing it? Well, in today's social media frenzy, the ownership of photos, especially of celebs, isn't as straightforward as you might think. Turns out, under U.S. copyright law, photographers usually hold the rights. Celebs sometimes claim joint ownership, but courts usually disagree. While public figures have some privacy protection, photographers can snap pics of them in public spaces without permission, though there are limits on commercial use. So if you are thinking of posting a paparazzi pic, better check if you've got the green light. It's wise to chat with a copyright lawyer to understand the rules. At Romano Law, our team of experienced copyright attorneys can help you navigate the complex legal landscape of copyright law and enforce your rights. Contact us today for a consultation: https://bit.ly/4aGRP30 #CopyrightLaw #PhotoRights #CelebPrivacy #SocialMediaLaw #LegalAdvice

Dismissal of #fairusedefense. Like this: “There’s a reason I think the founders had copyright in mind when they laid out protections to be given to intellectual property.” And this: “Cases where you often have a very significant imbalance between the financing on one side and the other—where you have artists who generate work that might be licensed for a couple hundred bucks and it’s taken by somebody who because of fame or whatever else can monetize it much more readily.” #iplaw #intellectualpropertyrights #copyrights #design #copyrightlaw #virtualestate #artists

Navigating Art and Law: The Kat Von D Copyright Case and Its Implications In a landmark decision that could have ripple effects across the creative industries, a California federal jury recently cleared renowned tattoo artist Kat Von D of #copyright infringement claims. This case, involving a tattoo depiction of jazz legend Miles Davis, has raised crucial questions about artistic expression, copyright law, and the intersection of the two in the digital age. The dispute began when Kat Von D, a celebrity tattoo artist, inked an image of Miles Davis on lighting technician Blake Farmer's arm. This design was inspired by a 1989 photograph of Davis taken by Jeffrey B. Sedlik. Sedlik claimed that Von D's tattoo infringed upon his copyrighted photo, a claim that led to a significant legal battle. At the heart of this case were two pivotal legal concepts: 'substantial similarity' and 'fair use'. Substantial similarity is a key factor in copyright infringement cases, where the court examines whether the new work is too closely related to the copyrighted material. Fair use, on the other hand, is a defense in copyright law that allows limited use of copyrighted material without permission under certain conditions, including for commentary, criticism, news reporting, teaching, scholarship, and research. After deliberation, the jury found that Von D's tattoo was not substantially similar to Sedlik's photograph. This decision hinged on detailed comparisons between the tattoo and the photo. Furthermore, the jury ruled that Von D's social media posts showing the tattoo, which included the original photo in the background, fell under the umbrella of fair use. This verdict is a significant one for the tattoo industry, which often draws inspiration from existing artworks and photographs. The decision suggests a lenient approach towards the interpretation of copyright laws in the context of tattoos. For the broader creative community, including graphic designers like Masters Creative Branding, this case highlights the complex balance between inspiration and infringement. The Kat Von D case serves as a reminder of the ongoing evolution of copyright law in the face of new forms of artistic expression. It underscores the importance of understanding these laws and their application in our work, whether we're creating tattoos, digital designs, or any other form of visual art. What are your thoughts on this verdict? How do you think this will impact the creative industry? Share your views in the comments below or reach out to us for a deeper discussion on #intellectualproperty and its implications in your creative pursuits.

The vital role of Copyright! In the world of business, copyright is the backbone of innovation and protection. Copyright is paramount in business as it safeguards original creative works, providing legal protection against unauthorized use. It ensures that businesses maintain control over their intellectual assets, fostering innovation, and preserving their unique brand identity.   At Eliteyez, we understand that your creative works are your legacy.   As champions of intellectual property protection, we're here to ensure that your original content remains exclusively yours. From diligent copyright monitoring to strategic brand management, Eliteyez is your ally in preserving the uniqueness of your creations. Join us in the journey of securing your business's creative legacy! #intellectualpropery #Eliteyez #trademarks #photography #artificialintelligence #copyright

Curious about who owns the rights to murals on public buildings? What about privately owned buildings? Is it the building owner, the artist, both, neither? There are several rights at play, including laws against destroying fine art (murals generally count), moral rights (U.S. federal Visual Artist Rights Act (VARA)), copyright, and ownership. Are you a muralist or a property owner with questions about protecting your rights? We can help: https://buff.ly/3rDVY7x #CopyrightLaw #ArtRights #LegalHelp #Copyright #licensing #murals #publicart

Photos are a powerful way to help tell your brand's story. But not every image is created alike. While it might be tempting to just do a quick Google search for great photos, that could (and probably will) get you into a lot of trouble with unwanted copyright litigation. While stock imagery sometimes gets a bad wrap, there are actually a lot of great photos available through reputable stock sites. Swipe to see our tips for making the most of stock imagery!

Okay ! Another landmark copyright win for creatives in particular photographers!! This time out of Luxembourg! Next time a plagerist - be it a company or individual - tries to say “ but it was online.. or it’s transformative as it is in another medium” . Not true. It is infringement, plagerism, theft, call it what you will. Maybe now I can start sharing more of my original works and photographic exhibits digitally online! What are your thoughts? #copyright #intellectualproperty #law #entertainment

Does your business need a trademark, a service mark, or a copyright? While a trademark is specifically tailored to goods offered for sale, a service mark pertains to services provided. On the other hand, copyrights protect creative works, such as musical compositions, sculptures, and paintings, produced by artists. For most businesses not involved in artistic creation, copyrights may not be relevant. However, if your business operates under a distinct name or logo and engages in the sale of goods or services, it's essential to consider trademark or service mark protection. For guidance on intellectual property matters tailored to your business needs, contact us at 305-222-7282 or info@ser-associates.com today. Ser & Associates The Business Owner’s Law Firm

And talking about #CopyrightBasics, remember to register for our upcoming live webinar featuring Janet N. Chong (Senior Legal Counsel | SOCAN) and Catherine Zaller Rowland (Vice President, General Counsel | Copyright Clearance Center (CCC)). Learn key #copyright concepts, how copyright is different than other types of #IntellectualProperty, and how it applies in everyday situations! Learn More & Register ➡️ https://lnkd.in/gKAYRYWv #CopyrightSociety #Copyright101 #CopyrightLaw

Here's #13 of 52 essays which are designed to answer some of the questions facing all artists today. What legal aspects of being an artist should I be aware of (copyrights, contracts, etc.)? As a fine artist, understanding the legal aspects of your profession is crucial to protect your work and ensure fair compensation. One of the most important areas to consider is copyright law. Copyright protection is automatically granted to your original works of art as soon as they are created and fixed in a tangible medium. This means your paintings, drawings, digital art, and other creations are legally protected from unauthorized use. However, it is often advisable to register your works with the U.S. Copyright Office (or the equivalent in your country) to gain additional legal benefits, such as the ability to seek statutory damages and attorney's fees in case of infringement. In addition to copyrights, contracts play a vital role in the business side of being an artist. Contracts are essential for defining the terms of your agreements with galleries, buyers, collaborators, and clients. A well-drafted contract can help prevent misunderstandings and disputes by clearly outlining the rights and responsibilities of each party. Key elements to include in your contracts are payment terms, delivery schedules, reproduction rights, and usage limitations. It's also important to address issues such as ownership of original works versus prints, the right to exhibit or sell the work, and what happens if either party breaches the contract. Consulting with an attorney who specializes in art law can help ensure your contracts are comprehensive and enforceable. Finally, be aware of the implications of licensing your work. Licensing allows you to grant permission to others to use your art for specific purposes, often in exchange for a fee or royalty. This can be a lucrative way to expand the reach of your art while retaining ownership. However, it's important to clearly define the scope of the license, including the duration, geographic region, and types of usage permitted. Ensuring that your licensing agreements are detailed and legally sound will help protect your interests and maximize the benefits of your creative efforts. #contracts #art #artcontracts #curators #galleries #licensing #sellingarts Below is a family who bought a numbered print from me. I retained the rights to print more versions of the work