Copyright & Legal
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.
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.
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.
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.
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 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.
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.
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.
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.
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?"
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.
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.
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.
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.
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.