Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Entertainment Law & FinanceKickerFeaturesTopicsLitigationRegulationTechnology Media and TelecomSectionsNewsLJN Newsletters

Copyright Ruling on Photo Registrations

By Andrew Longstreth

Talk about winning on a technicality. In a copyright infringement case brought by photographers who sued Houghton Mifflin Harcourt Publishing Co. over the allegedly unapproved use of their photos, Chief Judge Loretta Preska of Manhattan federal district court ruled in May that the works at issue had not been properly registered. Judge Preska threw out most of the photographers' claims in her 24-page ruling. Muench Photography Inc. v. Houghton Mifflin Harcourt Publishing Co., 09-CV-2669 (LAP).

The plaintiff in the case, Muench Photography Inc. (MPI), licenses the works of photographers Marc and David Muench. The Muenches alleged that Houghton exceeded the scope and terms of licenses MPI had sold the publisher between 2001 and 2006. But Houghton's lawyers at Skadden, Arps, Slate, Meagher & Flom argued in a summary judgment motion that the works at issue had not been properly registered with the U.S. Copyright Office because the author of each individual photograph was not identified, as the Copyright Act requires. The images had been registered by MPI's agent, Corbis, as part of a database of works by different photographers. MPI was not named as an author on the registration form.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Coverage Issues Stemming from Dry Cleaner Contamination Suits Image

In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.