Court Allows Pearson Education To Negotiate With Photographers

Posted on 6/10/2011 by Jim Pickerell | Printable Version | Comments (1)

Over the past decade Pearson Education has used in its textbooks an unknown, but significant number of images beyond what the original licenses allowed and without properly compensating rights holders. Within the last couple years many agencies and photographers have become aware of this issue and pursued a variety of courses of action in the hopes of receiving some compensation for the use of their imagery. In a few instances Pearson has acknowledged such actions and there have been a few settlements, but all of the settlements have been under non-disclosure of the terms.

In September 2010 the law firm of Nelson & McCulloch, LLP filed a suit for Norbert Wu and “all other similarly situated” in the U.S. District Court for the Southern District of New York. They requested “Class Certification” for their suit and made a motion to stop Pearson from continuing to negotiate settlements with photographers and stock agencies until the judge could rule on whether the class could be certified.

On Tuesday June 7, 2011 U.S. District Judge James C. Francis IV denied Norbert Wu’s request for an injunction to stop improper contacts by Pearson with photographers and stock agencies. Pearson is now free to resume negotiations of unauthorized use settlements. The class certification is still an open question and will be ruled on by Judge Richard J. Holwell at a later date. Those who choose to negotiate settlements now may be able to get larger settlements if the class is eventually approved and the Wu case is successful.



There are indications that Pearson is now prepared to settle as many of these claims as possible. Claimants whose discussions were put on hold may wish to restart negotiations.

For more information on what has been happening in the Textbook business check out the following stories.
Textbook Licensing: Where the Clean-up Meets the Cover-up


Ethics in the Textbook Publishing Business
Publishers Owe For Past Uses
Photographers vs. Publishers


Copyright © 2011 Jim Pickerell. The above article may not be copied, reproduced, excerpted or distributed in any manner without written permission from the author. All requests should be submitted to Selling Stock at 10319 Westlake Drive, Suite 162, Bethesda, MD 20817, phone 301-461-7627, e-mail: wvz@fpcubgbf.pbz

Jim Pickerell is founder of www.selling-stock.com, an online newsletter that publishes daily. He is also available for personal telephone consultations on pricing and other matters related to stock photography. He occasionally acts as an expert witness on matters related to stock photography. For his current curriculum vitae go to: http://www.jimpickerell.com/Curriculum-Vitae.aspx.  

Comments

  • Jon Feingersh Posted Jun 14, 2011
    Jim-- The line above is unclear: "Those who choose to negotiate settlements now may be able to get larger settlements if the class is eventually approved and the Wu case is successful."

    Are you saying it is better to negotiate now? Or better to wait for a class action?

    If you're saying now, perhaps the sentence should read: "Those who choose to negotiate settlements now may be able to get larger settlements THAN if the class is eventually approved and the Wu case is successful."

Post Comment

Please log in or create an account to post comments.

Stay Connected

Sign up to receive email notification when new stories are posted.

Follow Us

Free Stuff

Stock Photo Pricing: The Future
In the last two years I have written a lot about stock photo pricing and its downward slide. If you have time over the holidays you may want to review some of these stories as you plan your strategy ...
Read More
Future Of Stock Photography
If you’re a photographer that counts on the licensing of stock images to provide a portion of your annual income the following are a few stories you should read. In the past decade stock photography ...
Read More
Blockchain Stories
The opening session at this year’s CEPIC Congress in Berlin on May 30, 2018 is entitled “Can Blockchain be applied to the Photo Industry?” For those who would like to know more about the existing blo...
Read More
2017 Stories Worth Reviewing
The following are links to some 2017 and early 2018 stories that might be worth reviewing as we move into the new year.
Read More
Stories Related To Stock Photo Pricing
The following are links to stories that deal with stock photo pricing trends. Probably the biggest problem the industry has faced in recent years has been the steady decline in prices for the use of ...
Read More
Stock Photo Prices: The Future
This story is FREE. Feel free to pass it along to anyone interested in licensing their work as stock photography. On October 23rd at the DMLA 2017 Conference in New York there will be a panel discuss...
Read More
Important Stock Photo Industry Issues
Here are links to recent stories that deal with three major issues for the stock photo industry – Revenue Growth Potential, Setting Bottom Line On Pricing and Future Production Sources.
Read More
Recent Stories – Summer 2016
If you’ve been shooting all summer and haven’t had time to keep up with your reading here are links to a few stories you might want to check out as we move into the fall. To begin, be sure to complet...
Read More
Corbis Acquisition by VCG/Getty Images
This story provides links to several stories that relate to the Visual China Group (VCG) acquisition of Corbis and the role Getty Images has been assigned in the transfer of Corbis assets to the Gett...
Read More
Finding The Right Image
Many think search will be solved with better Metadata. While metadata is important, there are limits to how far it can take the customer toward finding the right piece of content. This story provides...
Read More

More from Free Stuff