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Topaz Labs' flagship app uses AI algorithms to make some complex image corrections really, really easy. But is there enough here to justify its rather steep price?
The US Court of Appeal has reversed a controversial decision that allowed a company promoting a film festival to use a copyrighted photograph on its website without having to pay the photographer that took it. In the original ruling the District Judge of the Eastern District of Virginia allowed the fee-free grab of the image under the rules of ‘fair use,' thus signaling it's okay to lift pictures from a photographer’s website.
|An exhibit provided in the appeal showing Brammer's photo as it was seen on his Flickr profile. Note the clear 'All rights reserved' icon in the lower-right-hand corner.|
Fortunately, in a new ruling, the Appeals Court has determined that the use of the picture was not acceptable ‘fair use’ and that Violent Hues Productions did indeed infringe the copyright of stock photographer Russell Brammer. In a test using four criteria the court found that Violent Hues Productions’ use of the image failed on all counts to pass as ‘fair use’. The court set out the criteria for fair use as being that the image shouldn’t be used for commercial purposes, whether the image had been transformed by the copier, how much of the image that was used and whether its use had an effect on its market value.
|An exhibit provided in the appeal showing Brammer's photo as it was seen on the Violent Hues' website.|
The image, showing a placed called Adams Morgan at night, was downloaded from photographer Brammer’s Flickr site and used by Violent Hues Productions to illustrate a ‘Plan Your Visit’ page on the website of the Northern Virginia International Film and Music Festival. The company initially claimed it didn’t know the image was copyrighted, despite Brammer using the words ‘All rights reserved’ beneath it. Violent Hues Productions also claimed the image was transformed by its cropping of it, and that the use was informational and of benefit to festival goers. The court ruled though that the cropping was done only to make the proportions of the image match others on the same page and that it didn’t constitute a ‘new expression, meaning or message’. The court also found that had the company paid Brammer for the picture its ability to inform festival goers would not have been hindered.
It was also ruled that ‘if Violent Hues’ behavior became common and acceptable, the licensing market for Brammer’s work specifically, and professional photography more broadly, might well be dampened.’
It was also ruled that ‘if Violent Hues’ behavior became common and acceptable, the licensing market for Brammer’s work specifically, and professional photography more broadly, might well be dampened’ and the court went on to state ‘If the ordinary commercial use of stock photography constituted fair use, professional photographers would have little financial incentive to produce their work’.
In its conclusion the court said ‘What Violent Hues did was publish a tourism guide for a commercial event and include the photo to make the end product more visually interesting. Such a use would not constitute fair use when done in print, and it does not constitute fair use on the Internet. Violent Hues’ affirmative defense thus fails as a matter of law. For the foregoing reasons, we reverse the judgment of the district court and remand the case for further proceedings consistent with this opinion.’
The ruling is especially important as it underlines that commercial bodies do not have the right to lift images from the Internet to use for their own ends without paying the photographer, and that photographers do have protection from those that seek to behave in this way. The court specifically acknowledged that ‘the Internet has made copying as easy as a few clicks of a button’.
Sep 14, 2020
Photo agency refuses to return copyright to photographer, claims journalists don't have copyright protection
Jul 12, 2021
Jan 4, 2021
Sep 22, 2020
Above $2500 cameras tend to become increasingly specialized, making it difficult to select a 'best' option. We case our eye over the options costing more than $2500 but less than $4000, to find the best all-rounder.
There are a lot of photo/video cameras that have found a role as B-cameras on professional film productions or even A-cameras for amateur and independent productions. We've combed through the options and selected our two favorite cameras in this class.
What’s the best camera for around $2000? These capable cameras should be solid and well-built, have both the speed and focus to capture fast action and offer professional-level image quality. In this buying guide we’ve rounded up all the current interchangeable lens cameras costing around $2000 and recommended the best.
Family moments are precious and sometimes you want to capture that time spent with loved ones or friends in better quality than your phone can manage. We've selected a group of cameras that are easy to keep with you, and that can adapt to take photos wherever and whenever something memorable happens.
What's the best camera for shooting sports and action? Fast continuous shooting, reliable autofocus and great battery life are just three of the most important factors. In this buying guide we've rounded-up several great cameras for shooting sports and action, and recommended the best.
|Wild American Flamingos by Fotorequest|
from Flamingos Unlimited
|No Space Race Here by Nilesh Trivedi|
from Empty spaces in the city
|Two Surfers by JeffryZ|
from Reflections on the Shore
|_MG_5014 by tim and jan|
from Cruise Liners
The winning and finalist images from the annual Travel Photographer of the Year awards have been announced, showcasing incredible scenes from around the world. Check out the gallery to see which photographs took the top spots.
The rumor mill suggests the announcement will be a 50mm F1.4 DG DN lens for full-frame mirrorless camera systems.
The a7R V is the fifth iteration of Sony's high-end, high-res full-frame mirrorless camera. The new 60MP Mark IV, gains advanced AF, focus stacking and a new rear screen arrangement. We think it excels at stills.
Using affordable Sony NP-F batteries and the Power Junkie V2 accessory, you can conveniently power your camera and accessories, whether they're made by Sony or not.
According to Japanese financial publication Nikkei, Sony has moved nearly all of its camera production out of China and into Thailand, citing geopolitical tensions and supply chain diversification.
Got a new camera? Get started with your Canon EOS R7 by changing these critical settings.
A pro chimes in with his long-term impressions of DJI's Mavic 3. While there were ups and downs, filmmaker José Fransisco Salgado found that in his use of the drone, firmware updates have made it better with every passing month.
Landscape photography has a very different set of requirements from other types of photography. We pick the best options at three different price ranges.
AI is here to stay, so we must prepare ourselves for its many consequences. We can use AI to make our lives easier, but it's also possible to use AI technology for more nefarious purposes, such as making stealing photos a simple one-click endeavor.
This DIY project uses an Adafruit board and $40 worth of other components to create a light meter and metadata capture device for any film photography camera.
Scientists at the Green Bank Observatory in West Virginia have used a transmitter with 'less power than a microwave' to produce the highest resolution images of the moon ever captured from Earth.
The tiny cameras, which weigh just 1.4g, fit inside the padding of a driver's helmet, offering viewers at home an eye-level perspective as F1 cars race through the corners of the world's most exciting race tracks. In 2023, all drivers will be required to wear the cameras.
The announcement is believed to be the M.Zuiko Digital ED 90mm F3.5 Macro IS Pro lens, which was confirmed on the OM System roadmap last year.
The new ultrafast prime for Nikon Z-mount cameras is a re-worked version of Cosina's existing Voigtländer 50mm F1 Aspherical lens for Leica M-mount cameras.
There are plenty of hybrid cameras on the market, but often a user needs to choose between photo- or video-centric models in terms of features. Jason Hendardy explains why he would want to see shutter angle and 32-bit float audio as added features in cameras that highlight both photo and video functionalities.
SkyFi's new Earth Observation service is now fully operational, allowing users to order custom high-resolution satellite imagery of any location on Earth using a network of more than 80 satellites.
The firmware update adds eye-detection AF to video capture and improves autofocus performance in other modes.
In some parts of the world, winter brings picturesque icy and snowy scenes. However, your drone's performance will be compromised in cold weather. Here are some tips for performing safe flights during the chilliest time of the year.
The winners of the Ocean Art Photo Competition 2022 have been announced, showcasing incredible sea-neries (see what we did there?) from around the globe.
Venus Optics has announced a quartet of new anamorphic cine lenses for Super35 cameras, the Proteus 2x series. The 2x anamorphic lenses promise ease of use, accessibility and high-end performance for enthusiast and professional video applications.
We've shot the new Fujinon XF 56mm F1.2R WR lens against the original 56mm F1.2R, to check whether we should switch the lens we use for our studio test scene or maintain consistency.
Nature photographer Erez Marom continues his series about landscape composition by discussing the multifaceted role played by the sky in a landscape image.
Check out some of our full resolution Canon EOS R6 Mark II photos, captured over the holidays and in the mountains.
After weeks with a production Canon EOS R6 Mark II, Chris and Jordan get into more detail than they could in their initial review.
The NONS SL660 is an Instax Square instant camera with an interchangeable lens design. It's made of CNC-milled aluminum alloy, has an SLR-style viewfinder, and retails for a $600. We've gone hands-on to see what it's like to shoot with.
Recently, DJI made Waypoints available for their Mavic 3 series of drones, bringing a formerly high-end feature to the masses. We'll look at what this flight mode is and why you should use it.
Astrophotographer Bray Falls was asked to help verify the discovery of the Andromeda Oxygen arc. He describes his process for verification, the equipment he used and where astronomers should point their telescopes next.
OM Digital Solutions has released firmware updates for the following cameras to add compatibility support for its new M.Zuiko Digital ED 90mm F3.5 Macro IS PRO lens: OM-D E-M1 Mark II, E-M1 Mark III, E-M5 Mark III, E-M1X, and OM-5.
Micro Four Thirds has 'size benefits, and a shooting experience that can’t be matched by a smartphone,' says the director of Panasonic's camera business, as we talked about the system's future, the role of video, the adoption of phase detection and the role his dog played in the development of the S5 II.
Today's modern cameras are armed with sophisticated autofocusing systems. They can focus anywhere in the frame, track multiple subjects, and switch on the fly. But what good are these advanced tools if you can't see where the camera is even focusing? It's time for the autofocus box to upgrade from its single-color status.