Licensing Digital Art and Copyright Metadata: Double Scienter Requirement, Implications for Digital Content Creators

Implications of Victor Elias Photography L.L.C. v. Ice Portal Inc.

A live 90-minute premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, November 1, 2022

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, October 7, 2022

or call 1-800-926-7926

This CLE webinar will guide IP counsel on digital art licensing, the recent Eleventh Circuit decision, and copyright metadata. The panel will discuss the heightened standard set by the court and its implications for photographers and other digital artists. The panel will offer best practices for licensing art and protecting IP rights in the art.

Description

In a recent decision, the Eleventh Circuit raised the bar for photographers and other digital artists to license their art. On the issue of first impression, the court interpreted DMCA Section 1202(b), which provides that a person may not "intentionally remove or alter any copyright management information" or distribute a work "knowing that the copyright management information has been removed or altered" without the copyright owner's permission. The court held that Section 1202(b) includes a double scienter requirement. A person must know or have "reasonable grounds to know that [such actions] will induce, enable, facilitate, or conceal" copyright infringement.

The photographer in question embedded copyright management information (CMI) into the metadata of his photos. The court joined two other circuit courts and held liability is triggered when the copyright owner demonstrates the alleged infringer knew or should have known its removal or changing the CMI would likely result in infringement. This heightened standard makes it harder for copyright owners to succeed in DMCA litigation.

CMI has become a standard tool that artists use to enforce their IP rights. The decision has implications for digital artists licensing their work. Digital artists and their counsel should rethink the language of the licensing agreement to ensure the art is protected.

Listen as our panel examines the recent Eleventh Circuit decision and copyright metadata. The panel will discuss the heightened standard set by the court and its implications for photographers and other digital artists. The panel will offer best practices for licensing art and protecting IP rights in the art.

READ MORE

Outline

  1. Victor Elias Photography L.L.C. v. Ice Portal Inc. (11th Cir. Aug. 12, 2022)
  2. Other court treatment
  3. Heightened standard and implications for artists
  4. Best practices for copyright protection

Benefits

The panel will review these and other key issues:

  • How does the Eleventh Circuit's recent decision raise the bar for copyright owners?
  • What are the implications of the heightened standard for photographers and other digital artists licensing their work?
  • What best practices should counsel for photographers and digital artists employ when drafting licensing agreements?

Faculty

Sanders, Cynthia
Cynthia B. Sanders

Of Counsel
Baker Donelson Bearman Caldwell & Berkowitz

Ms. Sanders focuses her practice on copyright, trademark, advertising, arts and media law matters, and technology...  |  Read More

Additional faculty
to be announced.
Attend on November 1

Early Discount (through 10/07/22)

Cannot Attend November 1?

Early Discount (through 10/07/22)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

Download