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ARTICLE · 04 APRIL 2020

A Casual Snapshot Can Make For A Valuable Copyright

You don't need to be a professional photographer to take a valuable photograph. A recent case demonstrates that all you need is to be in the right place, and snap a photo at the right time and the...

United StatesIntellectual Property

You don't need to be a professional photographer to take a valuable photograph. A recent case demonstrates that all you need is to be in the right place, and snap a photo at the right time and the right angle. And, of course, register it promptly.

That was the recipe for success for Alex Cruz, who pulled out his iPhone and took a photo when he noticed "a big commotion" while walking through Brooklyn. Though he didn't realize it immediately, he had taken a photo of a suspected terrorist being apprehended by New York police. After a friend posted it online, several news organizations approached Cruz, licensed his photo and paid him for those rights.

One news organization, however, used the photo without his permission and without payment. Possibly as a result of that, Cruz registered his copyright in the photo. That timely registration (within three months of first publication) meant that he could seek statutory damages and attorneys' fees in infringement litigation.

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