Copyright & Legal

Join the Fight Against Online Copyright Infringement

By Jim Pickerell | 473 Words | Posted 10/21/2010 | Comments
A new piece of legislation, “Combating Online Infringement and Counterfeits Act,” is now working its way through U.S. Senate hearings. Now is the time for anyone interested in copyright protection to contact their senators and congress men or women.

Collecting for Infringement: PicScout Helps Hawaiian Art Network Grow Revenue

By Jim Pickerell | 371 Words | Posted 10/13/2010 | Comments
PicScout’s Image Tracker software has helped Glen Carner’s Hawaiian Art Network dramatically grow revenue in less than a year by locating infringements and assisting in the collection of appropriate fees for unauthorized uses. Currently, revenue recovered from infringements accounts for about 50% of Hawaiian Art Network’s income.

Ethics In The Textbook Publishing Business

By Jim Pickerell | 2108 Words | Posted 10/6/2010 | Comments
Photographers whose business it is to produce stock images that are designed for use in textbooks should IMMEDIATELY look for another line of work. For years the major textbook publisher -- not fly by night organizations -- have been paying fees based on minimal press runs. Then, with no regard whatsoever for the written contracts they executed with the sellers, they have made extensive additional uses of the images without making any attempt to compensate the image creators in any way for the use that exceeded the original license agreement. These additional uses have resulted in millions of dollars of extra revenue for the publishers. Such actions were not occasional oversights, but policy.

ASMP Guide to Copyright Registration

By Susan Carr | 682 Words | Posted 10/5/2010 | Comments
The copyright office tells us that only 5% of photographers register their images. ASMP wants to change that and has created an initiative called Registration ©ounts to create awareness of copyright issues, to encourage all photographers to register their work, and to provide the tools and information needed for registration.

Individual Property Ownership And The Future Of Creativity

By Jim Pickerell | 2686 Words | Posted 10/4/2010 | Comments
In his biography, The Age of Turbulence, Alan Greenspan said, “The presumption of individual property ownership and the legality of its transfer must be deeply embedded in the culture of a society (emphasis mine) for free market economies to function effectively. In the West, the moral validity of property rights is accepted, or at least acquiesced in, by virtually the whole of the population.” I was struck by how this relates to the photography business today. The concept of individual property ownership is no longer deeply embedded in the culture of our society. A large segment of the population believes that certain property should be free to all and that the creators have no rights once the property is shown to anyone. Using the creative works of others without permission or compensation is becoming the morally accepted standard.

Getty Images Launches Stockphotorights.com to Educate Content Users

By Julia Dudnik Stern | 348 Words | Posted 5/17/2010 | Comments
Getty Images has built and launched Stockphotorights.com, an educational Web site that aims to guide users through the complexities and legal issues involved in image uses. The company said that the launch responds to the findings of a new survey, which identified a lack of understanding of such issues among many image users.

Corbis Copyright Registration Scheme Ruled Invalid

By Jim Pickerell | 1095 Words | Posted 5/11/2010 | Comments
A New York court has ruled that copyright registrations obtained by Corbis for images submitted by at least one photographer-contributor are invalid, in part due to Corbis’ failure to list the names of the photographers—the authors and owners of the copyrights in the registered images—on registrations submitted by Corbis. 

Photo Industry Follows Google Books Rejection with Lawsuit

By Julia Dudnik Stern | 264 Words | Posted 4/7/2010 | Comments
After the courts denied requests to join on the creators' side of the Authors Guild et. al. v. Google, several photo and creative organizations, along with a few individual photographers and illustrators, have filed a separate class action against the search engine.

Copyright Infringement: How Bad?

By Jim Pickerell | 522 Words | Posted 3/31/2010 | Comments
The Obama administration, through the offices of the U.S. Intellectual Property Enforcement Coordinator Victoria Espinel, has recently requested input from interested parties as to how piracy and copyright infringement is affecting the economy. The deadline for filing was March 24. Virtually all photographer trade associations and many other interested parties submitted reports and made recommendations for change.

Will We Ever Prevent Unauthorized Uses?

By Jim Pickerell | 723 Words | Posted 1/12/2010 | Comments
A friend who has been on the periphery of the photo industry for decades now works for a company that manages social media and search engine optimization for a variety of clients, including law firms. She said her office mates disagree on what they are allowed to do with pictures they find on news Web sites. She asked: "Are bloggers allowed to illustrate their blog entries with photos they find on news sites, such as a photo of a sinkhole? What are the rules about using editorial images in a blog post?"

Can Creative Commons Licenses Be Good for Image Sellers?

By Jim Pickerell | 540 Words | Posted 12/8/2009 | Comments
Most professional photographers are adamantly opposed to Creative Commons licenses, which are used to allow free uses of images. However, widespread use of Creative Commons licenses may actually help establish in the minds of users the very important copyright law principle that "All Rights [are] Reserved" by the creator or copyright holder of any work, and that it is left to the creator to specify who has what rights to make what uses of the work and at what cost.

Legal Issues Regarding Objects, Buildings, Trademarks, Etc.

By Nancy e. Wolff | 1585 Words | Posted 3/30/2004 | Comments
This article by Nancy E. Wolff, Counsel for PACA outlines the legal risks according to current U.S. law when photographing people at work or play using ordinary objects. The second part of the article deals with photographing buildings, trademark protection, trade dress and fair use.

Enforcing Your Copyright

By Jim Pickerell | 3130 Words | Posted 3/19/2004 | Comments
Corbis is probably doing more than any other stock photo seller to track infringements, and collect from those who infringe. Dave Green, Corbis Senior Corporate Counsel, explains how they do it and the benefits, not only in additional revenue, but in educating customers.

Property Releases Dilemma

By Jim Pickerell | 4265 Words | Posted 9/3/2003 | Comments
The stock photo industry is rapidly moving to the point where there are more photo subjects you can’t use for commercial purposes than those you can.

Estate Planning

By Jim Pickerell | 3239 Words | Posted 1/6/1998 | Comments
Putting a value on your life's work can present a major problem for your heirs. Every successful photographer needs to do some estate planning. This major article outlines the steps to take in light of the new tax laws.