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098 – Fair Use or Infringement? Exploring Intellectual Property and Photography

Intellectual property and copyright laws are something that should interest anyone who is involved in the photography industry. Photographers should definitely take notice when their work can be lifted from the internet in any number of ways and used in someone else’s “work”.

The Supreme Court has been hearing more and more intellectual property cases in recent years. Their recent decision ruling against the Andy Warhol Foundation in a copyright infringement case versus photographer Lynn Goldsmith, shows us that they are not letting up on the topic. However, does the decision make the sometimes murky waters of ‘fair use’ and ‘transformative’ works any clearer?

intellectual property and copyright law for photographers

What will the impact of the ruling be? What should photographers know about intellectual property law and copyright infringement? You can click here to check out the SCOTUS decision. Justice Kagan’s dissenting opinion includes visual examples and references to other art forms as well.

Listen to the episode and find out!

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Promos in this episode include:

About My Guest

copyright and intellectual property law professor jessica silbey

Jessica Silbey is a professor of law at Boston University. She teaches and writes in the areas of intellectual property, constitutional law, and law and the humanities.

In her book, Against Progress: Intellectual Property and Fundamental Values in the Internet Age, “Professor Silbey considers intellectual property debates in law and culture as a bellwether of changing social justice needs in the 21st century. The book argues that intellectual property law is becoming a central framework through which to discuss essential socio-political issues, extending ancient debates over our most cherished constitutional values, refiguring the substance of “progress” in terms that demonstrate the urgency of art and science to social justice today.”

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How Will this Ruling About Intellectual Property and Copyright Infringement Effect the Photography Industry?

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The Nerdy Photographer

With more than a quarter century as a professional photographer, The Nerdy Photographer's goal is to spread knowledge and laughter throughout the photo industry. Please follow along on social media and subscribe to the podcast.

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