Two days – two strikes. This past weekend my blog reported about The Color Run and photographer Maxwell Jackson. Due to the massive response from this and other outlets that case was settled within only 48 hours after we broke the news to our tribe.
Today I received another note from a photographer whose case we also had publicized on this blog previously. His issue was a very serious copyright issue about sovereign immunity and photography and the University of North Carolina. I predict that sovereign immunity is going to be a huge problem going forward. We must pay attention to this.
In a previous post we outlined the entire issue that Mike Boatman was facing. http://www.photobizcoach.com/2013/12/01/is-sovereign-immunity-copyright-injustice/. This case has now also been settled.
Today I got the following note: Thanks to the editorial space including your blog I’ve reached a settlement with the professor. I honestly don’t believe that the professor will be grabbing anybody else’s work off the Internet ever again. I can’t go into any detail about the settlement I can say that I am very satisfied, and I’m certain that the risk reward ratio of grabbing an image is forever altered with this professor.
Mike writes further… One side note The University of North Carolina stated they really doesn’t understand why I went so public sense they offered a legal valid defense, sovereign immunity. I would say this attitude is one of entitlement, which you reported to me that other photographers are beginning to report to you. In the event you missed it the University of Alabama recently posted large sections, including chapters out of textbooks for free downloads to their students in lieu of buying textbooks for the classes. Columbia Publishing sued them for copyright infringement. The University of North Alabama won the suit citing sovereign immunity and the courts upheld it and found them innocent of copyright infringement.
Both of these cases do show us that we must be very clear about the terms and conditions that we agree to when providing work for hire.
And… when we stick together we can get quite a bit done. Thanks to all of you who have been so actively supporting the issues other photographers have been facing. If you need help please don’t hesitate to contact me.