Damages for using a person’s picture in an advertisement without permission

Elliott Stapleton Copyright

Using someone’s image, without his or her permission may fall under both the statutory right of publicity and the common law invasion of privacy causes of action. The resulting damages could be up to $10,000.00 per violation or actual damages. For a business owner it is vital to require all models or employees in videos, photography, or any other form …

How long does a Copyright last?

Elliott Stapleton Copyright

The term of a copyright will depend on a few different factors. For purposes of this article I will assume the work was created after January 1, 1978. For works created by an author, the duration of the copyright lasts for  his or her entire life. Additionally, protection continues for an additional 70 years after the author’s death. If the …

Can I use a picture from the Internet?

Elliott Stapleton Copyright

It may seem harmless to use a picture from the Internet on your website, but when you copy and paste an image from one website to another you have infringed on the owner’s copyright. How will the owner ever know? While it is unlikely the owner of the image will ever visit your website, there are companies that exist for …

Do you own the work your employee and contractor create for you?

Elliott Stapleton Copyright

Business owners may use employees or independent contractors to produce websites, software, logos, articles, or other unique creative works for use by the company. It may surprise you to know that, without a Work for Hire Agreement, your company does not own the work created by an independent contractor. Who owns work created by an Independent Contractor? By default, independent …

What are Fair Use Copyright Laws?

Elliott Stapleton Copyright

I am frequently asked what protection “Fair Use” provides under Federal Copyright law.  But Fair Use is not a protection or license to use the work of another, it is merely a defense to copyright infringement. What are the Standards for Fair Use? In general, infringement can be defended by showing that proper credits were given to the author of …