Infringement standard for photographs comes into focus

Description

Abstract: A news photographer who captures a historic image generally holds the copyright to that photo. But, as one photographer learned the hard way, that doesn’t necessarily mean others can’t use the image for profit. This article describes the U.S. Court of Appeals for the First Circuit’s explanation that parts of his photo were indeed protected — but that the alleged infringer hadn’t re-created those parts. Harney v. Sony Pictures Television, Inc., No. 11-1760, Jan. 7, 2013 (1st Cir.)