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Law Firms Need to Be Cautious of Loopholes in Copyright Protections
Until recently, many believed that there was solid copyright protection for original works of authorship including literary, dramatic, musical, photographic and artistic works, such as poetry, novels, movies, songs, computer software and architecture. However, in a decision rendered in Russell Brammer, Plaintiff, v. Civil Action No. 1-17-cv-01009 Violent Hues Productions, LLC, Defendant that assumption about copyrighted material being protected changed. This case focused on a little known loophole in copyright protections that the court used to rule that the defendant was not guilty of copyright infringement because the way they used the content was different from the way the original content was used. Photographer plaintiff Russell Brammer, took a time-lapse photograph of Washington, D.C., and posted it on his image-sharing websites and personal website. The defendant, film festival organizer Violent Hues, posted a slightly altered, cropped version of Brammer's original photo on its