Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Hundreds of millions of photographs are posted online every day. As the U.S. Court of Appeals for the Fourth Circuit recently noted, "the Internet has made copying as easy as a few clicks of a button," and users frequently copy photographs for business or social purposes. When doing so, users should be aware of the risk of liability for copyright infringement. The Fourth Circuit's decision in Brammer v. Violent Hues, No. 18-1763 (Fourth Cir. April 2019), sheds some light on when re-posting will be a "fair use" and when it will give rise to liability.
As the Brammer decision demonstrates, whether a use is "fair" can be a complex question. Based on the particular facts of the case, the court ruled that the re-posting of a stock photograph did not constitute fair use. The opinion gives guidance to those creating and re-using online photographs, but also leaves some gray areas.
Brammer involved a professional photographer who licensed his photographs as stock images. He posted his photographs online and others would pay for print copies, or to license the pictures to use online or in print media. In 2011, he shot a stylized image of the Adams Morgan neighborhood in Washington, DC. Taken from a rooftop at night, the picture showed moving vehicles as red and white streaks of light, creating a vibrant, colorful image. The plaintiff posted the picture on his website and also on Flickr, a photo-sharing site. Some users bought physical prints of the photograph, and two users bought licenses to use the picture online.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?