Secondly, we’ll be discuss the controversy around copyright and the recent ruling against Russell Brammer where the court ruled that photos lifted from his Flickr account were could be used without compensation under the “Fair Use” law.
Frederick Van Johnson:
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Watermarking advice from attorney Carolyn E. Wright
Always good to put a watermark on your photos for many reasons (with copyright notice is even better).
- Eliminates possible DMCA safe harbor protection of infringer https://www.photoattorney.com/reason-post-watermarks-photos/
- DMCA claims for removal of CMI when infringing (You don’t have to have registered your photo in advance to recover under this statute.) https://www.photoattorney.com/watermarks-can-be-music-to-your-ears/
- Stopping innocent infringement defense (one way to avoid the infringer’s innocent infringement defense completely is to include a copyright notice with your photos.
- When you post your copyright notice with your images, then the infringer cannot claim that the infringement was innocent.) https://www.photoattorney.com/stopping-the-innocent-infringement-defense/
- Because it serves as a reminder that the work is protected or because the notice interferes with the use of the work when it is part of the photo.
- A court is more likely to find that the infringement was willful when a copyright notice is posted with the photo, supporting maximum award of infringement damages.
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