PhotoShelter and ASMP have partnered to produce and distribute a new guide
that discusses photographer’s rights under the U.S. copyright law and explains what they must do to protect their work.
The guide deals with the importance of registering works, explains the difference between published and unpublished work and goes through the process of registration. There is also a section that deals with making copyright registration a part of a photographer’s normal work flow. “Fair Use” is discussed and the four factors that courts take into account in analyzing if a use meets the Fair Use standard are outlined.
One section of the guide deals with steps you should take once you discover that your work has been infringed. There are recommendations for what you should consider before posting your work online or using social media.
Architectural photographer Liz Ordoñez discusses how to address infringements and stay out of court. “Her own experience includes a major win ($12 million) as well as a significant loss. She says, ‘No artist in their right mind wants to sue a client out of existence’ or pay “thousands of dollars’ when a case decision favors the infringer.”
The guide is a wealth of information for anyone concerned with protecting their work from unauthorized use and maximizing the revenue the work might generate.
ASMP has also announced the filing of comments
on the subject of Orphan Works and Mass Digitization in response to a US Copyright Office Notice of Inquiry. The comments state that attribution and registries, such as the one being developed by PLUS (Picture Licensing Universal System), are the solution for orphan works and that any return to increased formalities in order to obtain copyright protection would ultimately deter copyright registrations and harm users of copyrighted materials.