Cruz Law, PLLC

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Who owns Ellen’s “selfie”?

Here are a couple interesting articles as to who owns Ellen’s “selfie”? Here and Here.

If you didn’t know, the above picture was the most Retweeted tweet/pic in the history of the social media platform. It actually crashed the site. So the question that has come up among lawyers is who owns the picture?

Actor Bradley Cooper took the picture, but Oscar show host Ellen DeGeneres uploaded the picture from her twitter account. Usually the original content creator (Cooper) would hold the copyright. But, DeGeneres does have an argument since she was the one with the idea for the “selfie” and posted the picture. Then, there’s the issue of whether the actual phone used would have a right to the picture. Without too much of an exhaustive discussion on this, its unlikely unless the content creators had a contract regarding copyright.

The first issue is to look at the Twitter terms of service since that was the method in which the photograph was distributed. According to this Poynter article, the twitter account holder has the right to post, submit or display on its platform. Certainly, if you copy and paste the photo from Twitter and use it for another use, you may have to look for permission especially if its for commercial use. A case last year saw a photographer win a lawsuit against a news agency (and settle with several others) as a result of the news agencies not seeking proper permission. So, as posted here, the photo has not been taken out of its native form.

The best practice, as always, is to ask for permission. This never hurts and so long as there is proper attribution, the copyright holder will usually allow the use. The other best practice is to check with the terms of use for the social media platform you utilize to see who owns what. If you have any other questions regarding social media, you may speak with a social media lawyer.

Photographer is awarded $1.2M in copyright infringement case

A Federal Court in New York found in favor of Haitian photographer Daniel Morel in a prolonged fight over photos he took of the Haiti earthquake in January 2010.

A jury found that Agence France-Presse and Getty Images willfully infringed upon Morel’s copyright of 8 pictures he took of the earthquake and that he sent out via Twitpic on Twitter.  The jury awarded Morel $1.22 million.

According to a New York Times article, Morel claimed that Getty Images and AFP sold his exclusive photos for $45.

Morel’s Twitpics of the earthquake were retweeted by Lisandro Suero who indicated that the photos were his.  As such, AFP distributed them to clients and Getty Images distributed the photos in the U.S.

Prior to the Court rendering its decision, Morel had settled with The Washington Post, ABC, CBS and others that used his images without authorization.

The jury determined whether the infringement had been “willful” by AFP and Getty Images and the amount of damages.

The case supports the rights of photographers and provides clarity of the rights to use of photographs in the age of social media.  AFP had sued Morel seeking a declaratory judgment to show it had not infringed Morel’s copyright.  It cited Twitter’s terms of service arguing that it had granted a license to use his TwitPics.  However, the terms of service grants Twitter only as granting a license to use the photographs.  Thus, anyone seeing the photos on Twitter or any subsequent retweets of the photos would not have a license to use the photographs.

While this case has many details to it, the big takeaway is that photographers that post photos on social media sites like twitter should look at the “terms of service” for the social media platform.  It is likely that you are giving a license to the social media provider but not any of its users.  Moreover, the Morel case is a win for photographer’s rights.  In a time when social media is a way to obtain and disseminate information, there are still protections out there to ensure that your intellectual property is not taken.

The court case filed in the US District Court Southern District of New York is Agence France Presse v. Daniel Morel

APIs not using DACA

I recently wrote an article in the Northwest Asian Weekly about the fact that most APIs are not taking advantage of DACA (Deferred Action for Childhood Arrivals).  While there are groups that can help those that qualify to apply, many do not.  Its an interesting read as many young immigrants contemplate their options.

Be Weary of Mortgage Scams

I recently wrote an article about a Skyway man that became the victim of two separate mortgage scams.  He was assured that out of town law firms would help negotiate his mortgage debt if he paid them monthly.  The article details key things you should be aware of when seeking help in refinancing your mortgage.  As a general rule, you should never respond to unsolicited ads that you may receive via email or U.S. Mail.  Instead, you should determine whether there are pro bono services that may assist you.  In the alternative, you should always seek out an experienced attorney in your area about ways to avoid foreclosure.

What to expect at a 341 meeting?

After a Chapter 7 bankruptcy petition is properly filed with the Court, it will provide you with a date in which you will need to meet the assigned Bankruptcy Trustee to go over the petition.  The main task of the Trustee is to sell nonexempt property to repay general unsecured creditors.

The 341 hearing will be set at least 21 days but not more than 40 days after you properly file your petition with the Bankruptcy Court. It will be held in a conference room where other petitioners (individuals that also filed a Chapter 7 bankruptcy petition) will be waiting their turn to speak with the Bankruptcy Trustee.  The Bankruptcy Trustee is not a judge but a lawyer that has specialized in bankruptcy law.

When entering the conference room, there will be a Bankruptcy Information Sheet which will detail what will occur at the 341 hearing.  Its called a “341 Hearing” as 341 is the section of the Bankruptcy Code that details the meeting of the creditors.  The Trustee may require that you have read the information sheet before meeting with him or her.

When the Trustee calls your name, he or she will want you to proceed to the front where the Trustee will ask for your identification (valid ID and social security number).  Next, you will take an oath as if you were in a courtroom.  The Trustee will go over your petition to ensure that you are familiar with it, that it is correct, has all your debtors listed and that there are no changes.

The Trustee will have reviewed the Bankruptcy Petition prior to meeting with you so he may ask you questions specific to your petition.

Your attorney will be there mainly to guide you through the process. However, unless the Trustee asks questions of the attorney, the Trustee will want to hear from you, the bankruptcy petitioner.

The main thing to do is to keep calm, listen to the Trustee and asks all questions truthfully.  While the environment may seem intimidating, this process is much more laid back than before a judge.

If you want further assistance in a bankruptcy, please contact Cruz Law, PLLC.