Posts

To Pay or Not To Pay: That is the (Internship) Question

To Pay or Not To Pay: That is the (Internship) Question

By Kasia Szczerbinski | May 11, 2017

In the last few years, internships have been growing in popularity… and so have the number of unpaid-intern lawsuits. Last month, fashion designers and actresses Mary-Kate and Ashley Olsen settled a lawsuit for over $180,000. The problem? The twins refused to pay interns at their fashion label, The Row. Former interns claimed that they had…

Work Does Not Make You Free

By Kasia Szczerbinski | July 16, 2017

New York City recently made steps to ensure that the City That Never Sleeps won’t also be known as the City That Cheats Freelancers Out of Their Hard-Earned Money when it passed the Freelance Isn’t Free Act in May 2017. This first-of-its-kind Act makes some big changes in how freelancers are supposed to work, so…

What do I do if there is no written photography contract?

What do I do if there is no written photography contract?

By Anna Rabe | February 7, 2017

Maybe you put a post on social media indicating a mini sessions day or availability for a photo shoot and you make an agreement for a shoot time and cost via email or text message (or even social media message). There is no written contract. Then the “client” doesn’t show for a shoot time, or they…

What do I do if someone makes an illustration or painting based on my photograph?

What do I do if someone makes an illustration or painting based on my photograph?

By Anna Rabe | November 17, 2016

  As we know, only a copyright holder has the exclusive rights to a creative work, and only they can grant a person a license to use their image or work. So what if you believe someone has imitated or copied one of your photographic images? The short answer: If an artist makes an illustration…

How to transfer copyright to another party

How to transfer copyright to another party

By Anna Rabe | January 17, 2017

So, you’ve got a great series of images, or even just one fabulous image that you are really proud of, and someone comes along and asks to use that image to advertise their business, or wants to print it on a T-shirt, and they offer you a deal you just can’t refuse, what do you…

The Consumer Review Fairness Act and Your Photography Business

The Consumer Review Fairness Act and Your Photography Business

By Anna Rabe | December 20, 2016

Over the last few years, businesses have taken their awareness of the weight potential clients and customers place on reviews to codify contractually that if a customer publishes a negative review then they are subject to a penalty- anywhere on a spectrum from a small “fee,” to legal action and punitive damages. Stories like a…

Do Memes Violate Copyright Law?

Do Memes Violate Copyright Law?

By Anna Rabe | November 1, 2016

  An Internet Meme is in legal terms, a derivative work, and usually copyright owner is the only party with the legal right to create a derivative work. However, the rights of the copyright owner are not exhaustive or absolute. If the person who makes the “derivative work” makes “fair use” of the copyrighted image,…

Slander by a client - and what you can do

Slander by a client – and what you can do

By Anna Rabe | May 9, 2017

Slander is the action or crime of making a false spoken statement damaging to a person’s reputation. Strictly speaking, unless a statement is spoken, then such false statements – say a social media post, or a tweet or a website review — are defamation. Defamation is the communication of a false statement that harms the…

Unpaid Photographer + Event Host Conflict

By Anna Rabe | December 13, 2016

    Copyright is like any other property, in that all or part of the rights in a work may be transferred by the owner to another. Copyright law applies whether a photographer is paid or unpaid, professional, semi-professional or a family friend (or family member) with a camera.Copyright originates in a photographic image at…

The legal status of web check boxes on a contract

The legal status of web check boxes on a contract

By Anna Rabe | April 25, 2017

As more online contract delivery and electronic signature services are developed, so it seems more questions about what constitutes a legally signed contract arise. In particular, what is the legal status of check boxes on electronic copies of contracts. Are they sufficient? Sufficient for what? Sufficient to provide evidence that at least one of the…