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ARTICLE · 17 AUGUST 2012

Just Because You Can Copy It Does Not Mean That You May Copy It

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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In a number of recent cases, individual photographers have successfully sued third parties for unauthorized reproduction and use of photographs, particularly those from stock photography sources. Courts

United StatesIntellectual Property
Susan Neuberger Weller
Susan Neuberger Weller
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In a number of recent cases, individual photographers have successfully sued third parties for unauthorized reproduction and use of photographs, particularly those from stock photography sources. Courts have found third party liability for willful and innocent copyright infringement for the use of individual photographs and have awarded damages to copyright holders based on such conduct. Generally, professional photographers offer their photographs for use by third parties through professional stock photography agencies that negotiate licenses for use of the photos on behalf of the photographer.

Stock photography is big business as evidenced by the Carlyle Group's recent bid for Getty Images in a deal that could be worth close to $3.5 billion. There are many online stock photography sites on which thousands of photographs can be viewed and used for a fee.  On some sites, there are a few photographs that can be used for free.  The use of stock photographs can be much

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