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ARTICLE · 24 SEPTEMBER 2020

Knowingly Removing Photographer's Credit Costs Buzzfeed Under DMCA

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Freelance photographer Gregory Mango regularly licenses his photographs to newspapers.

United StatesIntellectual Property

Freelance photographer Gregory Mango regularly licenses his photographs to newspapers. One of those photographs concerned Raymond Parker, a main figure in a discrimination lawsuit filed against the City of New York. The photograph was licensed to the New York Post, which published it in an article in January 2017. Mango was given a "gutter credit": attribution below the photograph.

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A few months later, BuzzFeed published an article on the discrimination lawsuit, using the same photograph. But BuzzFeed did not ask for permission to use the photograph, Mango had not licensed it to BuzzFeed, and—most costly for BuzzFeed—Mango was not given any credit. Instead, gutter credit was given to Raymond Parker's law firm, Fisher & Taubenfeld.

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