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Protect Your Copyright, with David Deal; Episode 1 of "The Disfarmer Case"

B&H Photography Podcast
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Jamming Their Transmission
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The value of your photograph is is not in the mark of a photograph. The image make is not necessarily the result of of careful consideration lots of money and traveling to some exotic place. Sometimes it's just being in the place the right time in having a minimum level of technical ability to make really good picture there and I think you. If you're not in the field people people don't understand how how much skill it it takes two to capture a photograph weekly and you know without without thinking about it too much so there are lots of things that go into the second about eligible was also as we talked about in the previous episode and it was a well made photo. It wasn't just a treasure you know he found the right angle and he worked for a very specific reason. There's a reason why they wanted mentioned this idea that you know. A value photograph changes over time. You may take a photo in nineteen seventy of a musician and it's not you know of in demand but thirty years later it could be very in demand photo of a famous musician. Now you know and that is really interesting. You brought it up. Because that is exactly one of the points that I made at oral argument in front of the Fourth Circuit or reveals which is the defendant The Venice position was. It's just a photograph is just a photograph that has has a you know it was worth And this is their argument. This it was worth a minimal amount when he took it it's never gonNa Change And our point was. That's not true any any photographer. Any commercial photography That again has worked any length of time knows that exactly what you just said. Which is the value of photographs changes? Especially if you reporter tire furnace especially if you're a location on a building by Burned to the ground it might. It might be demolished to make way for something. New Occurs That you photographed twenty years ago. might just passed away So the the value of photographs is is not fixed. It's it's fluid you know. So so the other You know the I will hand it to the defendant's council in Abramovic as I mean they they did. It did make arguments about all four elements of fair use. And they were. They were poor arguments from from my standpoint but they were they were addressing them anyway. They were addressing. Yeah and the flip side of that is the danger of that and I guess the benefit to my client is grammar and any other any other photographer plaintiff that that has similar facts. Is that the court. The court addressed all four of the arguments. They are and and not not just not just ruled in our favor. But in fact emphatically in our favor is that what the reason why. I think it became a published I I I think so. It's also an appeals case. To which you know just automatically gars a little bit more attention and cases that are appealed tend to be issues that both sides feel very strongly about that and they again very generally. That's the case. Because it's it's an issue that may not have been findlay decided prior so so so it's cases that are published. I I would say disproportionally are cases. That are are appeals cases or high or just because there's an issue that that people disagree everybody wants to get settled. That's great well. This is a great success or at least standing holding them. Some bulwarks to changes that Let's say the commercial enterprises around photography might have been wanting to keep in place in the sense that you know we can just use this stuff for free. And here's Here's a little like bump in the road anyway for that idea and the funny thing about the case and I I can't talk too much about it but the funny thing about cases I have since since the settlement in Alabama case I have. I have three other clients with nearly identical cases against violent years. A- and they're they're active. They're being actually actively litigated right now. And I'm not making this up. That offended has put for us. Virtually the same defenses low and you implied. And maybe you can't talk about that you know. Violent Hughes is not necessarily the organization that is pushing these cases for maybe there. There's people behind them law firms or others that want established precedent in the other direction. And I'm not really sure it's it. It defies I mean at least from my perspective it decided it defies logic just because e the the ledge infringement of the three open cases is virtually identical to the US that while it use made of Mr bombers image same Samuel same context same page same same purpose so I. I'm I'm just I'm a little. I'm a little confused as to as to what what the defense may be out. I guess we're going to follow up on that to that. Yeah they just won't quit interesting. So can we jump over? We'll quickly to Vivian. Maier If THERE'S ANYTHING TO UPDATE. I know that we didn't dig into it too deeply in the last episode because we were concentrated on the brand case but And you may have jumped around now the more working on the farmer but anything to mention update us on that. Yea Vivian Maier case after after a number of years is we. There's an end in sight. Which is which is wonderful. So the case the estate was opened in two thousand fourteen It's now two thousand twenty. They're the the cases slowly but surely Ben moving toward the point that we're we almost find ourselves in our at now which is in the end. There there will be a final full evidentiary hearing on the motions for airship that our petitions rather petitions for ships that are that are currently before the probate court. So there's there's there's a lot that has taken place between two thousand and fourteen to an end now but in the end the case is of of a certain complexity that I think warrants one is going to happen we are going to have a full hearing of the evidence There and went which is quite unusual for for Provia case The case is remarkably complicated in that there are one hundred and seventy individuals that are at play. A part in the determination of airship and of those one hundred seventy I think one hundred seventy one of those one hundred seventy one individuals nine are potential errors and nine Not all have our part of the petition for declaration of Airship so the idea that this hearing will kind of air everything. It's going to open all the windows and get everything out on the table. Is that the the hope ranch yet. And so we just just to just do it I say this just because Even even you know the the best of US including reporters and and others sometimes make the mistake of Anglo. There's there's some kind of soup there's some someone sued somebody else in the estate. That that's not accurate. You only the only active case involving the Vivian. Maier state is the pro at an and the only thing remaining the court left to do is to determine who the heirs are if there any And there are certain legal standards evidentiary standards that need to be met in order to prove that individuals are indeed heirs to the estate. And that's what the heirs are you. Are You GONNA Council? I on the talking. I'm council to five of the potential heirs. That's Ya and catch on that to win. Is that hearing set for We don't have a date for a final hearing We have a preliminary hearing set for April second of this year At which point the probate judge is going. To review a are are are evidence is going to review in a very superficially review..