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27 April 2010 Those of you who came to the APA event in Santa Monica this past Saturday will recall that Ed mentioned the case of Todd Latimer v. Roaring Toyz, Inc. As promised, here’s the link: http://www.ca11.uscourts.gov/opinions/ops/200816665.pdf This 35-page Circuit Court of Appeals decision should be read by all creators. It succinctly references and explains many aspects of... [Read More] |
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26 April 2010 As a follow up to our articles on “Where to Sue” and on agents often being less than beneficent, this just in… The Paris Court of Appeals has rendered a decision in the case of Aubert v. Corbis, yet another Corbis case concerning lost imagery. Thomas Rabant Avocat à la Cour / Attorney-at-law Associé / Partner,... [Read More] |
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22 April 2010 This is in response to a comment left by reader Leif Skoogfors in the, “Will I be a Victim of Infringement” article. It’s a great topic and we wanted to make sure no one missed this, a Trojan Horse so to speak, as in this situation can cost you big bucks. In the interests of disclosure,... [Read More] |
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21 April 2010 OK push has come to shove. Your lawyer says, “You gotta sue. No options left”. So where do you go to get the S.O.B.s who have beaten you out of your fee, stolen your image and deprived your kids of their tuition? Lawyers often throw around two important legal words not realizing that the terms are... [Read More] |
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14 April 2010 One of our clients who is older than he likes to admit, laments the days of faded Polaroids, cracked family picture albums and faded family snaps. He is known to say, “If a house if burning to the ground and the kids and the pets are out and safe, the one thing... [Read More] |
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6 April 2010 “What are the odds of my work being infringed”? “With all the “appropriation” going on out there what percentage of work do you think is eventually stolen”? We have often been asked these questions when interviewed by journalists, documentary filmmakers, professors and even creatives. Our answer of “no one knows, nor can anyone know” never satisfies... [Read More] |
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2 April 2010 Thanks to our readers for providing “Darkside” experiances. This tale is not based on real events. Rather it is simply, true. The names, locations and other identifiers are utterly fabricated. We present this drama to you in three Acts Act I Joe Photographer was recently hired to shoot stills for the California TV market. Specifically, network affiliate’s weekly news... [Read More] |
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24 March 2010 We are getting lots of cries for help or assistance (directly) as a result of our articles and blog posts. Naturally most of those requests deal with or are in response to the topics we have already addressed. Understandably, these inquiries come from people who do not want to be identified or identifiable to our... [Read More] |
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23 March 2010 Your invoices for advertising or promotional work should always, always specify the identity of both the client and the product or service being photographed. So for example the license you grant via your invoice should typically read (in part): Product “2010 Ford Mustang Convertible” Client: “Ford Motor Company”. Usage: “Point of purchase brochures in... [Read More] |
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12 March 2010 We have written and lectured on the topic of paying severance (cash) to agents and reps upon contract termination many times. This article is for the benefit of those of you who may falsely believe that just because you have a written severance clause in your signed representation agreement, you are obligated to abide by... [Read More] |
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4 March 2010 The list continues with part 2. 11. Do not wait to enforce the terms of your licenses, invoices or copyright. There are time limitation imposed by law which set specific time periods within which you must act to protect your rights and/or sue. You snooze, you lose – literally. A mere letter by you or... [Read More] |
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