Update on Lawsuit Against Photographer for Photo of Sculpture

This is an interesting article from PhotoAttorney.com

Mike Hipple continues his attempts to defend the claim by Jack Mackie for taking and licensing a photo of Mackie’s sculpture. The background of the case is reported in my February 3, 2010 blog entry.

As part of litigation, many courts require or at least allow the parties to mediate the case in an effort to resolve it without a trial. Mediation involves an unbiased court-appointed or privately-hired mediator who attempts to get the parties to resolve their differences by coming to a mutual agreement. Since mediation is not binding, you commit only your time and usually the shared cost of the mediator. If the mediation is unsuccessful, you retain your ability to go to trial.

The parties in the Mackie v. Hipple case recently mediated their dispute, and the mediator reported that “although the case was not resolved, [the mediation] was a partial success. The mediation is ongoing . . . [and] the case might be resolved in the near future . . . .”

Recently, a Photo Attorney blog reader who also is a Canadian lawyer shared with me an interesting comparison of the United States copyright law and the Copyright Act in Canada with respect to photographing sculptures.

Click here for the entire article.

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