Small Claims Legislation For Creators Moves Ahead

Posted on 7/15/2016 by Jim Pickerell | Printable Version | Comments (0)

Congressman Hakeem Jeffries (D-NY) and Congressman Tom Marino (R-PA) have introduced a bipartisan small claims bill, H.R.5757, the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2016. When Congress reconvenes after its upcoming six-week recess Congresswoman Judy Chu (D-CA) plans to introduce a separate version of small claims legislation establishing a small claims tribunal in the Copyright Office.

The DMLA says these, “are a welcomed next step in a process that will hopefully result in much-needed legislative relief for photographers, photojournalists, videographers, illustrators, graphic designers, and other visual artists and their licensing representatives. These artists are currently squeezed out of the legal system by the high cost of bringing suit in federal court and have seen their licensing revenues decimated in recent years by the proliferation of copyright infringement, particularly in the online context.”

The PPA says, “After both bills are introduced, PPA will review the legislation and direct members of the Grassroots Action Team to take action. Your first call to action will be to ask your representative to co-sponsor the small claims bill that we believe is most favorable for professional photographers. This call to action will most likely begin in September.”



Earlier this year, the coalition, which includes the American Photographic Artists (APA), American Society of Media Photographers (ASMP), Digital Media Licensing Association (DMLA), Graphic Artists Guild (GAG), National Press Photographers Association (NPPA), North American Nature Photography Association (NANPA) and Professional Photographers of America (PPA), set forth recommendations with regard to key components in any forthcoming congressional small claims legislation. (See a copy of the visual artists coalition’s white paper here.

Coalition members believe small claims reform to be their top legislative priority and call upon Congress to enact legislation that provides visual artists and other small creators with a viable, affordable alternative to prosecuting copyright infringement in federal court—a prohibitively expensive and little-used option by visual artists. This approach is largely consistent with the legislative recommendations set forth in the “Copyright Small Claims” report released in late 2013 by the U.S. Copyright Office which deserves much credit for its groundbreaking effort in this area.



Cathy Aron, Executive Director of the Digital Media Licensing Association (DMLA) said, “Our association supports the creation of a copyright small claims forum to encourage licensing of visual content from legitimate sources. A small claims court should help stem the tide of “right-click” image use as it offers content creators and their representatives a way to effectively enforce copyright and seek appropriate payment. The digital economy needs to work for all participants and this is an essential step forward.

The PPA is calling on all photographers and visual artists to join its Grassroots Action Team! They say, “We are encouraged by the number of participants so far, but we still have a long way to go.  We need to be prepared to make a very loud statement on Capitol Hill.  Additional delays are always possible – especially during an election year – but that shouldn’t stop us from mobilizing now.  Please continue to encourage every photographer, as well as other creators that you know to sign up at PPA.com/Grassroots. Remember, you do not have to be a PPA member to join – this needs to be an industry-wide effort.”

Editor’s Note




If your somewhat discouraged by what has been happening in our country and government this will be a perfect time to voice your opinion on an issue that is extremely important to ever image creator. Every congressman and congresswoman will be facing a very tough election. Anything they can do to appease a voter will be important. Co-sponsoring this legislation may be a minor issue for most of them, but it will be extremely important when it comes to moving the legislation forward and eventually passing it. At this particular time, it may not take many constituents asking them to co-sponsor a piece of legislation to encourage them to do it. This may be one of those rare times when your small voice could really have a lasting impact.


Copyright © 2016 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.  

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