Posts tagged as:

photography

“US Patent Office Grants ‘Photography Against A White Background’ Patent To Amazon” [Tim Cushing, TechDirt] Critics suspect there is prior art.

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April 30 roundup

by Walter Olson on April 30, 2014

  • “7 Reasons U.S. Infrastructure Projects Cost Way More Than They Should” [Scott Beyer, Atlantic Cities]
  • Gov. Jerry Brown’s appointments could reshape California Supreme Court [Mark Pulliam, City Journal]
  • Critics say hiring of outside counsel in Pennsylvania government is an insider’s game [WHTM]
  • Could “Bitcoin for contracts” replace legal drafters’ expertise? [Wired with futurist Karl Schroeder]
  • “Getting state out of marriage” makes for neat slogan but results would be messy in practice [Eugene Volokh]
  • Lobbying by auto body shops keeps Rhode Island car repair costs high [Providence Journal, PCIAA press release and report in PDF]
  • “Bipartisan, publicity-hungry members of Congress want the FTC to investigate Photoshopping in ads” [Virginia Postrel on this WaPo report; Daily Beast; earlier here, here, etc.]

Maryland roundup

by Walter Olson on April 6, 2014

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It is now legally safer to record Illinois public servants generally, as well as cops in particular, as they go about their public duties. [Timothy Geigner, TechDirt]

New WSJ op-ed by Eugene Volokh and my colleague Ilya Shapiro, with which I agree 100%: “We support the extension of marriage to same-sex couples. Yet too many who agree with us on that issue think little of subverting the liberties of those who oppose gay marriage. Increasingly, legislative and judicial actions sacrifice individual rights at the altar of antidiscrimination law.” Existing precedent affords a handy if narrow way to reverse New Mexico’s wrong-headed Elane Photography decision: “The Supreme Court’s ruling in Wooley guarantees the right of photographers, writers, actors, painters, actors, and singers to decide which commissions, roles or gigs they take, and which they reject.”

Related on bake-my-cake laws: in the absence of more robust rights to freedom of association, could we at least narrow what’s a public accommodation? [Scott Shackford, Reason; David Link, Independent Gay Forum (on precedent of landlord reluctance to rent to cohabitors] Earlier on photography and cake cases here, here, here, here, here, here, here, here, etc.

P.S. Cato podcast with Caleb Brown interviewing Ilya Shapiro on the topic.

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In Elane Photography LLC v. Vanessa Willock, the New Mexico Supreme Court has unanimously ruled that a wedding photographer is obliged under the state’s anti-discrimination law to offer its services to two women seeking to record their commitment ceremony, despite its proprietors’ religious objections to the ceremony. The Court was not persuaded by an amicus brief filed by UCLA lawprof Eugene Volokh on behalf of the Cato Institute arguing that the First Amendment protects persons in expressive occupations such as photography from being obliged to create expressive works they don’t want to create. Commentary: Dale Carpenter, Ken at Popehat, Hans Bader, John Fund, Ilya Shapiro/Cato at Liberty, Stephen Richer.

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  • Detroit police blasted for arresting Free Press photographer who filmed arrest with her iPhone [Poynter]
  • “The discomfort of principles” in criminal defense matters [Gideon's Trumpet]
  • House Judiciary panel on overcriminalization and mens rea shows genuinely useful bipartisanship [Jonathan Blanks, Cato] One in four new bills these days to create criminal liability lacks mens rea [Paul Rosenzweig/Alex Adrianson, Heritage]
  • Auburn, Alabama: “Cop Fired for Speaking Out Against Ticket and Arrest Quotas” [Reason TV]
  • Film project on overturned Death Row convictions [One for Ten] “Forensics review reveals hair evidence was possibly exaggerated in 27 capital cases” [ABA Journal]
  • Critics of Stand Your Ground seem to be having trouble coming up with examples to back their case [Sullum]
  • Maine: “Hancock County prosecutor admits violating bar rules in sexual assault trial” [Bill Trotter, Bangor Daily News]

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At Utah’s Deseret News, reporter Eric Schulzke writes on how “the U.S. Bill of Rights remains a work in progress 222 years after it became law — a continuing struggle between government claims for order and security, and the individual’s interest in clarity and freedom. This past year, the struggle played out in numerous areas, including free speech and search and seizure rules, to touch just a few.” He quotes me on the hope of bright-line rules establishing the public’s right to take pictures of law enforcement (recent Hawthorne, Calif. cause celebre here), on the need to focus on state and local police use of DNA databases before the inevitable abuses establish themselves, and on how four significant Fourth Amendment cases made it to the Supreme Court this year: “‘Here we are 200 years later, and a lot of big, interesting questions still haven’t been settled on what the Bill of Rights says about search and seizures,’ Olson said.” A sidebar reviews the year in civil liberties controversies.

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“Even though I was always on public property when I filmed the horrors I saw outside that slaughterhouse in February, I became the first person charged under one of these ‘ag-gag’ laws.” [Amy Meyer, Washington Post, Utah]

That’s how a lawyer explains his $2 million damage demand on behalf of a Georgia student whose bikini-clad image was used by a school administrator in a presentation about how the Internet is forever, image-wise. [Chris Matyszczyk, CNet] The classic line about how if you want to send a message, use Western Union, will probably need to be retired given the news that the world’s last telegram is due to be sent in India next month. [Christian Science Monitor]

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  • Arkansas: “‘Corruption of Blood’ Amendment Withdrawn After House Supporter Is Reminded What Century It Is” [Above the Law]
  • George Zimmerman-Trayvon Martin case heads for trial [TalkLeft, Doug Mataconis, and Richard Hornsby via Megan McArdle on evidentiary standards, earlier]
  • Is New Hampshire citizens’ group harassing town parking meter enforcers, or monitoring their work? [Union Leader, ABA Journal, Reason]
  • New York politicos quarrel over Hank Greenberg suit, overbroad Martin Act is to blame [Bainbridge]
  • Enforcement grabs higher-ups in Ralph Lauren Argentine customs bribery case [FCPA Professor, earlier]
  • Who stole the tarts? “Mom has son arrested for stealing Pop-Tarts” [Lowering the Bar; Charlotte, N.C.] Tip from Georgia cops: avoid situations where you might have to cling to hood of moving car [same]
  • “Omaha officers told: Don’t interfere with citizens’ right to record police activity” [Omaha World-Herald via @radleybalko ("Good work, Omaha.")]

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“Hawaii needs to rethink the ‘Steven Tyler Act.’ States can promote the right of privacy while ensuring freedom of speech.” [Josh Blackman/Ilya Shapiro, USA Today]

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ABC takes very seriously a complaint filed by a photographic model that Swedish automaker Volvo improperly degraded her image by allowing play-on-words copy into a promotion. She had signed broadly worded releases. [Good Morning America]

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March 21 roundup

by Walter Olson on March 21, 2012

  • Shame on DoJ: “Systematic concealment” of evidence when feds prosecuted Sen. Ted Stevens [WaPo, Caleb Mason/Prawfs] NYT notes feds’ losing streak in Foreign Corrupt Practices Act prosecutions [NYT, our latest]
  • Italy: tax officials stop luxury cars, demand drivers’ most recent tax returns [Secular Right]
  • Pinterest: casual users (perhaps especially casual users) might be opening themselves to copyright liability [DDK Portraits, WSJ Law Blog] And in case you needed a reminder not to publish photos grabbed from random web sources… [Webcopyplus]
  • In new Atlantic special report, Philip K. Howard collects papers on outdated government law and regulation from contributors Robert Litan, Julie Barnes, Mark Warner, Jim Cooper;
  • Institute for Justice sues IRS over its new licensing requirements for tax preparers [Ilya Shapiro and Chaim Gordon/Cato, Paul Caron/TaxProf, Katherine Mangu-Ward, Barton Hinkle]
  • “It is acceptable to refer to all court proceedings as a ‘trial,’ because seriously, you ever sat through one of those things?” [@FakeAPStylebook]
  • Christopher Booker series on child-snatching by UK authorities [Telegraph: first, second, third]

An Arizona lawmaker has proposed (how many regrettable stories begin with that lead-in!) a crackdown on looks-enhancement in advertising. “House Bill 2793, proposed by Rep. Katie Hobbs, D-Phoenix, would require advertisers who alter or enhance a photo to put a disclaimer on that ad alerting customers that ‘Postproduction techniques were made to alter the appearance in this advertisement. When using this product, similar results may not be achieved.’” [Arizona Republic via Coyote, earlier (and compare)]

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February 1 roundup

by Walter Olson on February 1, 2012

The French courts have ruled that it is a violation of intellectual property rights to disseminate photographs of armchairs and sofas designed by famed modernist Le Corbusier (Charles-Edouart Jeanneret). Per Getty Images in an email to creative contributors, “while you may hold a copyright in a particular image or clip, if it contains even a fraction of a Le Corbusier piece then you may not have all the necessary rights under French law to provide that content and therefore may be liable for copyright infringement under French law in respect of the furniture featured.” Getty has told its contributors that they may not feature in licensed content objects by some other designers as well, including the furniture of Mies van der Rohe. What about images of his buildings? [British Journal of Photography]

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And soon finds cause for regret [NY Post via Radley Balko, to whom congratulations are in order; related]

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