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ARTICLE · 12 JULY 2018

Clear All Copyrights: Original Subject, Derivative Version, Photograph . . .

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Do not assume that clearing the right to use a photograph is sufficient copyright clearance.

United StatesIntellectual Property

Do not assume that clearing the right to use a photograph is sufficient copyright clearance.  Even clearing a photograph of a subject in the public domain may not be sufficient, if a derivative work is the actual subject of the photograph you cleared. 

The U. S. Postal Service used a stock photograph of the Statue of Liberty to create a new stamp.  But the photograph was actually of the model Lady Liberty in Las Vegas --not the original in New York harbor.  Robert Davidson, the artist who created the model, upon seeing the stamp (after his wife came home from the post office and exclaimed "they put our statue on a stamp") registered the copyright in his version of the statue and sued.  After five years of litigation and a two week trial, the court awarded the artist $3,554,946.95 plus interest

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