Comments on: Get it in Writing! http://www.95years.com/2010/04/20/get-it-in-writing/ A blog about technology, media, culture and the law. Tue, 28 Jun 2011 17:00:36 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Richard http://www.95years.com/2010/04/20/get-it-in-writing/comment-page-1/#comment-382 Richard Tue, 20 Apr 2010 16:06:36 +0000 http://www.95years.com/2010/04/20/get-it-in-writing/#comment-382 "Get it in writing" indeed... this really puts the burden on the little guy to reserve and police his own rights. Ray Dowd says: "In other words, if you deliver your photograph to someone and YOU don't write down that they can't do whatever the heck they want with it, you lose your copyright to that person and to anyone they give it to. . . . This case is really a breathtaking blow to photographers who often deliver their works hoping that a potential client will fall in love and license them." http://copyrightlitigation.blogspot.com/2010/04/11th-cir-copyright-owners-deliver.html Another thing that stands out to me about the case is the court specifically holding that fair use must be pled as an affirmative defense to a claim of copyright infringement. This means that an appellate court cannot sua sponte declare that a particular use was fair without fair use specifically being raised as an affirmative defense. The Eleventh Circuit opinion is here: http://www.joffelaw.com/caselaw/2010/04/02/latimer-v-roaring-toyz-inc-case-no-08-16665-april-2-2010/ A PDF of the opinion is available here: http://jgehrke.typepad.com/files/latimer-v.-roaring-toyz-inc..pdf “Get it in writing” indeed… this really puts the burden on the little guy to reserve and police his own rights.

Ray Dowd says:

“In other words, if you deliver your photograph to someone and YOU don’t write down that they can’t do whatever the heck they want with it, you lose your copyright to that person and to anyone they give it to. . . . This case is really a breathtaking blow to photographers who often deliver their works hoping that a potential client will fall in love and license them.”

http://copyrightlitigation.blogspot.com/2010/04/11th-cir-copyright-owners-deliver.html

Another thing that stands out to me about the case is the court specifically holding that fair use must be pled as an affirmative defense to a claim of copyright infringement. This means that an appellate court cannot sua sponte declare that a particular use was fair without fair use specifically being raised as an affirmative defense.

The Eleventh Circuit opinion is here:

http://www.joffelaw.com/caselaw/2010/04/02/latimer-v-roaring-toyz-inc-case-no-08-16665-april-2-2010/

A PDF of the opinion is available here:

http://jgehrke.typepad.com/files/latimer-v.-roaring-toyz-inc..pdf

]]> By: Tweets that mention Get it in Writing! | 95years -- Topsy.com http://www.95years.com/2010/04/20/get-it-in-writing/comment-page-1/#comment-381 Tweets that mention Get it in Writing! | 95years -- Topsy.com Tue, 20 Apr 2010 15:26:44 +0000 http://www.95years.com/2010/04/20/get-it-in-writing/#comment-381 [...] This post was mentioned on Twitter by jp, 95years. 95years said: New On 95Years: Get it in writing! http://bit.ly/blyWep #copryight #fairuse #licensing #litigation [...] [...] This post was mentioned on Twitter by jp, 95years. 95years said: New On 95Years: Get it in writing! http://bit.ly/blyWep #copryight #fairuse #licensing #litigation [...]

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