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by photoman4343 on Mon Jan 08, 2018 11:47 am
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In today's Houston Chronicle there is an article about another strategy bring used by a photographer to get paid for the unauthorized use of his photo. (see link below) 

"....Olive recently filed suit against UH in state district court in Harris County, claiming that the university's unauthorized use of his photo of the Houston skyline amounted to "unlawful taking" under the Texas Constitution, which prohibits government agencies from taking private property without adequate compensation. ......"


[font=Arial, sans-serif]Previously the university had claimed sovereign immunity as the reason it did  not have to pay for the photo. [/font]


http://www.chron.com/business/article/Photographer-tries-novel-legal-strategy-to-get-UH-12478745.php?utm_source=email&utm_medium=newsletter&utm_campaign=Chron_morning%20headlines


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by signgrap on Mon Jan 08, 2018 12:37 pm
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It sure will be interesting to see if he is successful.
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by Carolyn E. Wright on Sun Jan 14, 2018 12:39 pm
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One option is to sue the person responsible for the infringement. When universities or other government entities are told that the copyright owner will proceed against the individual, the entity usually pays.
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by photoman4343 on Fri Jun 15, 2018 10:53 am
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June 14, 2018 Update on Jim Olive Photo Use case--good news for photographers

The University of Houston brushed aside a Houston photographer’s claim two years ago that the public university should pay for a photo it used without permission in web and print publications, contending the university has sovereign immunity, a well-established legal principle that protects a state from getting sued. But a recent ruling by a state district court judge in Harris County would force the university to show up in court after all.
More details are here:
https://www.chron.com/business/article/UH-can-be-sued-for-using-photo-judge-rules-12992526.php
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by SantaFeJoe on Wed Dec 19, 2018 7:32 pm
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Another similar story, but by a magazine:


https://www.thephoblographer.com/2018/12/19/us-court-slams-esquires-claim-of-fair-use-vs-a-photographer/

Joe
Learn the rules like a pro, so you can break them like an artist.  -Pablo Picasso
 

by photoman4343 on Fri Jun 14, 2019 4:04 pm
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https://www.houstonchronicle.com/business/article/Texas-court-says-photographer-has-no-recourse-13973674.php


The link above is the latest on this case in Houston, TX. Bottom line is that the photographer lost and has to pay court costs. 


"The University of Houston got a big win this week when a state appeals court agreed to reverse a lower court ruling that would have allowed a Houston photographer to sue the university for using an aerial photograph the university used to promote its business school.

The Court of Appeals for the First District of Texas determined that the university's copyright infringement of Houston photographer Jim Olive was not a "taking" of his property, an argument typically associated with real estate and not with intellectual property claims. In real estate when the government takes a person's property to build a road or bridge, the owner must be compensated......." 
Joe Smith
 

by SantaFeJoe on Fri Jun 14, 2019 9:44 pm
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So sad that the little guy has to lose cases like this and then pay court costs. I wish it was worth appealing, but the amount he would likely win would not be worth the pain and time to pursue it any further.

Joe
Learn the rules like a pro, so you can break them like an artist.  -Pablo Picasso
 

by archfotos on Sat Jun 22, 2019 10:36 am
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People think these type of infringements won't have any effect on the big picture, but I wonder how many of the true artists start following Brett Weston's example of both destroying their work in their senior years and restricting it from ever being shared online. I've got a couple of friends that have truly made it as full time artists - one you need to travel to NYC to see his work, nothing online. The second while he does promote, they are paintings, and any and all images are very small and purposely recorded poorly not to be able to be reused.

I personally can't imagine putting any images I value as artwork online
 

by SantaFeJoe on Tue Jun 25, 2019 4:57 pm
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Here’s another example of preposterous claims of fair use of an image:

https://petapixel.com/2019/06/25/gigi-hadid-i-can-post-a-paparazzi-pic-because-i-smiled-at-the-camera/

Let’s see where that goes!

Joe
Learn the rules like a pro, so you can break them like an artist.  -Pablo Picasso
 

by SantaFeJoe on Tue Jul 16, 2019 4:29 pm
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Another major loss for a photographer with a twist. The photographer was first sued for her own image:

https://fstoppers.com/legal/photographer-loses-battle-against-andy-warhol-estate-judge-says-warhol-surpassed-390111

Joe
Learn the rules like a pro, so you can break them like an artist.  -Pablo Picasso
 

by SantaFeJoe on Fri Jul 26, 2019 7:43 am
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SantaFeJoe wrote:
Here’s another example of preposterous claims of fair use of an image:

https://petapixel.com/2019/06/25/gigi-hadid-i-can-post-a-paparazzi-pic-because-i-smiled-at-the-camera/

Let’s see where that goes!

Joe


The outcome is a disaster for the photographer(and all pro photographers), at this point:

https://petapixel.com/2019/07/25/attorney-explains-how-gigi-hadid-got-her-copyright-lawsuit-dismissed/

Joe
Learn the rules like a pro, so you can break them like an artist.  -Pablo Picasso
 

by Carolyn E. Wright on Tue Aug 06, 2019 10:47 am
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From the ASMP: As part of our mission to protect photographer’s rights, ASMP is authoring a brief about copyright infringement by states or state run institutions. This is especially important if the state has argued that they have “sovereign immunity” from the infringement. This brief is for a case that will be heard in front of the US Supreme Court this fall. If you have any examples of these infringement situations, please send a message to Tom Maddrey, ASMP General Counsel at legal@asmp.org. Thank you!

https://www.asmp.org/advocacy/asmp-seeking-information-about-copyright-infringement-by-states-state-entities/
Carolyn E. Wright, Esq.
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Photo Attorney® at www.photoattorney.com
 

by SantaFeJoe on Thu Aug 08, 2019 3:46 pm
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Now Elon Musk is getting into the act of using images without payment or credit, according to this:

https://petapixel.com/2019/08/07/elon-musk-is-blocking-people-who-say-photographers-should-be-credited/

Joe
Learn the rules like a pro, so you can break them like an artist.  -Pablo Picasso
 

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