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Who legally owns a photograph?

the photographer Photographs are protected by copyright at the moment of creation, and the owner of the work is generally the photographer (unless an employer can claim ownership).

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Although a generally well-settled question of law, a string of recent cases has renewed interest in a common question: Who owns a photograph? Of course, this question is not novel, but the rise of social media and the greater influence of often-photographed celebrities are drawing more lawsuits and potential new distinctions to this question. Photographs are protected by copyright at the moment of creation, and the owner of the work is generally the photographer (unless an employer can claim ownership). In most cases, the subject of the photograph has no intellectual property right in the photograph, much to the disappointment of many high-profile celebrities looking to use photographs of themselves in their social media posts. The list of celebrities facing the wrath of litigious photographers is long, and growing: Justin Bieber, Halle Berry, Khloe Kardashian, LeBron James, Emily Ratajkowski, Gigi Hadid, Deshaun Watson and many more have faced lawsuits recently. As with any high-profile litigation (especially suits involving celebrities), these cases over the ownership of photographs tend to settle quickly and leave little legal precedent in their wake. However, in a few such cases, celebrity defendants have recently pushed established doctrine, with celebrity defendants attempting to carve out a portion of this important intellectual property right. In one example, Gigi Hadid recently claimed that simply by stopping to allow the photograph to be taken, she “contributed” to it and its protectable nature. In another instance, Emily Ratajkowski filed a motion for summary judgment in the U.S. District Court for the Southern District of New York to have a case filed against her thrown out. Ratajkowski is accused of using a photographer’s image on her Instagram without a license. Importantly for her defense, the photographer was a paparazzo and the image showed that Ratajkowski had tried to hide behind a bouquet of flowers. In her motion, Ratajkowski claims “transformative use,” as she added the words “mood forever” at the bottom of the image—an attempt to highlight the “predatory nature” of the photographer’s actions when taking the photograph. Ratajkowski’s argument is practical, tying her use to an established copyright exception. It also incorporates an important emotional argument having to do with the behavior of paparazzi that runs deep in the world of modeling with which she is so familiar. In a third case, NBA superstar LeBron James found himself in federal court over the alleged misuse of a photographer’s shot of him in a game against the Miami Heat. The photo of James scoring over a defender was posted to James’s Facebook page. Although the case recently entered a confidential settlement, James provided clues as to how his lawyers planned to defend his actions: he countersued the photographer under a California state law claim—right of publicity and misappropriation of likeness (California Civil Code § 3344). Likely because of the additional state law claim, the case was moved from the Southern District of New York to the U.S. District Court for the Central District of California. Had the case continued, James’s position would likely have been met by a number of defenses from the photographer, including preemption by the Copyright Act and the newsworthiness exception to the California statute—courts have found similar public events to meet this exception.

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Here's a look at the top 18 easy jobs that pay well that you may be able to land in 2022. House Sitter. If you're looking for easy high paying jobs, don't discount house sitter. ... Personal Trainer. ... Optometrist. ... Flight Attendant. ... Dog Walker. ... Toll Booth Attendant. ... Massage Therapist. ... Librarian. More items...

By Jeff Gillis

When it comes to career aspirations, finding easy jobs that pay well is a common goal. After all, who doesn’t want to make a boatload of money doing work that they don’t find overly stressful? That’s the dream, right?

Luckily, there are options available. Plus, some of the easiest high paying jobs don’t require a ton of education, experience, or training. If you’re looking for fun jobs that pay well, here’s what you need to know.

What Is An Easy Job?

Before we dig into the easy high paying jobs you might want to consider, let’s pause for a moment and take a look at what an easy job actually is. First, a position doesn’t have to be boring or unchallenging to be easy. Second, it doesn’t have to be entirely stress-free, either. Generally, “easy job” is a subjective term. It could mean that you enjoy the work, so you don’t find it stressful. Or it could mean that it doesn’t require a ton of specialized training, making it an option for nearly anyone. In some cases, it could be that handling the duties feels natural and comfortable.

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