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Copyright Law Litigation

Court Labels Attorney as “Copyright Troll” and Fines Him $10,000 Over Frivolous Case Involving Photograph

2018 has been a bad year for copyright infringement troll attorney Richard Liebowitz. He specializes in bringing hundreds of suits over the alleged infringing use of a digital photograph. In February, in the case of McDermott v. Monday, Monday LLC Southern District of NY Judge Denise Cote labeled him a “Copyright Troll” for filing over […]

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Intellectual Property

Getty Denies Knowing About French Lawyer’s Trolling on Its Behalf

Having waged literally thousands of battles against Getty Images’ copyright trolling program I was not surprised to see that they engaged a French law firm to attack US authors for alleged defamation in France. That’s what happened to a client of mine recently who has a blog that exposes, challenges and criticizes Getty Images’demand letter […]

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Intellectual Property Litigation

$1 Billion Lawsuit Against Getty Images Shows Effects of Trolling

Acclaimed photographer Carol Highsmith has filed a Federal lawsuit alleging violations of the Digital Millennium Copyright Act against Getty Images and other parties for their attempt to charge her and others for the use of her own photos. Ms. Highsmith has been praised by the Library of Congress for her donation of thousands and thousands […]

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Copyright Law Intellectual Property Litigation

California Appeals Court Rules in Favor of Group Registration of Copyrights – Big Boon to Mass Photo Agencies

The 9th Circuit Court of Appeals issued a long-awaited decision in the case of Alaska Stock v. Houghton Mifflin that favors the “compilation” or “group” registration of digital images by large photo agencies. The decision, in its essence, states that provided the registrant owns the copyright in all of the images that make up the […]

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Copyright Law Intellectual Property

Beware of Getty Bearing Gifs – No typo, Its a Pun

Disclaimer: For the last seven years or so I have been representing businesses large and small who have received demand letters from Getty Images over the unlicensed use of their stock photography. I have also represented many business who have recently been sued over a smattering of lawsuits Getty has filed around the country this […]

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Copyright Law Intellectual Property Litigation

Getty’s Woes Over Haitian Earthquake Photos Continue!

I was able to observe the damages trial in the case of Daniel Morel v. Getty Images and Agence France Presse today. I have previously written about this case on this blog: (https://courtroomstrategy.com/2013/01/getty-images-l…r-daniel-morel/). Quick summary: Morel is professional photographer who was able to capture tremendous images from the Haitian Earthquake. A native of Haiti, he […]

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Copyright Law Intellectual Property Litigation

Getty Images Loses Major Case Brought By Photographer Daniel Morel

To say that photo warehouse giant Getty Images just got a taste of its own medicine would be an understatement. In a 58-page decision issued on Jan. 14, Southern District on New York Judge Alison Nathan ruled that Getty, Agence France Presse (AFP), and The Washington Post infringed Morel’s copyrights by disseminating photos he took […]

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Copyright Law Intellectual Property Litigation Trademark Law

Getty Images Pays $100K to Settle Car-Freshener Suit

Last month, stock photo giant Getty Images paid $100,000 to Car-Freshener Corp., makers of those ubiquitous tree-shaped air fresheners. Getty Images had several stock photos for license and sale in their catalog that included the famous trademarked fresheners. The federal lawsuit was filed in November 2009 and was reported on in this blog in October […]

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Constitutional Law Criminal Law General Intellectual Property Litigation

NY Court Rules Calling Someone “Extortionist” Is Not Defamatory

The then Mayor of the Village of Freeport was vindicated by the Second Department (a NY Appeals court covering Brooklyn, Queens, Staten Island, Nassau, Suffolk, and parts of Upstate NY), for remarks he made in a public election debate during which he called the plaintiff, a commercial real estate developer, “an extortionist” who was “trying […]