Copyright & Legal

Legal Tips For Part Time Photographers

By Jim Pickerell | 785 Words | Posted 7/25/2017 | Comments
There is increased demand for real, authentic photos, not set up shots using professional models. Many photographers grabbing these “authentic” photos on holiday, or as they go about their daily lives, ignore some of the legal hassles that can arise as a result of trying to license use to such images.

ImageRights Acquires Image Witness

By Jim Pickerell | 447 Words | Posted 7/17/2017 | Comments
ImageRights International, the global leader in copyright enforcement services for photo agencies and professional photographers, today announced the acquisition of Australia’s Image Witness, whose rapid scan image search technology fortifies ImageRights’ technology leadership position in the fast-growing copyright enforcement services industry.

EU Fines Google 2.72 Billion For Unfair Practices

By Jim Pickerell | 584 Words | Posted 6/27/2017 | Comments
The European Commission, which polices European Union competition rules, has imposed a  €2.42 billion euros ($2.72 Billion) fine on Google for breaching antitrust rules with its online shopping service. The ruling alleges that "Google has abused its market dominance as a search engine by giving an illegal advantage to another Google product, its comparison shopping service." Google was given 90 days to stop or face fines of up to 5 percent of the average daily worldwide turnover of parent company Alphabet.

What Happened To Photoshot?

By Jim Pickerell | 294 Words | Posted 6/22/2017 | Comments
Photographers represented by the Photoshot in the United Kingdom tell me that they are having trouble getting responses to their emails and there has been no payment for a long time.

80% Of Illegal Image Uses Are Found Through Search Engines

By Jim Pickerell | 529 Words | Posted 5/23/2017 | Comments
According to a survey conducted by the European CEPIC industry association, 85% of the images found by visual search systems are illegal copies. 80% of these illegal images were distributed through search engines like the Google image search.

European Photo Assns vs Google Images

By Jim Pickerell | 285 Words | Posted 5/8/2017 | Comments
A meeting between Google Germany and the German Association of Picture Agencies, BVPA is set for May 9, 2017 in Google’s Berlin office. On Thursday, May 11, 2017 the French trade association of "online content publishers", GESTE, has called their members to a "working meeting" to look into the impact on traffic of the new features of Google Images on the websites of GESTE's members. Reports of both meetings will be available on CEPIC.org.

Copyright Bill Passes

By Jim Pickerell | 92 Words | Posted 4/27/2017 | Comments
If you think nothing ever happens in Congress, you’re wrong! On April 26th the U.S. House of Representatives passed H.R. 1695, a bill that proposes making the Register of Copyrights a Presidential appointee, confirmed by the Senate. This is a first step toward modernizing the U.S. Copyright Office.

Protect Copyright: Add Your Voice

By Jim Pickerell | 139 Words | Posted 4/20/2017 | Comments
Here’s a simple thing every photographer and stock agent can do to protect their copyright. Tell Congress to Vote “Yes” on H.R. 1695 – a bill to Modernize the U.S. Copyright office. It will take you less than 5 minutes. Go to http://copyrightalliance.org/get-involved/add-your-voice/ . Click on “Take Action.” The Copyrightalliance will ask for your zip code and then your name and address. Once you’ve input that information your name will be added to a pre-written letter to your Congressperson. It’s that simple!

Good News For Copyright Holders

By Jim Pickerell | 590 Words | Posted 3/29/2017 | Comments
The House Judiciary Committee has passed the amended “Register of Copyrights Selection and Accountability Act” (H.R. 1695) by an overwhelming majority of 27-1. Key provisions of the act makes the Copyright Office an independent agency under the Legislative Branch with no connection to the Library of Congress and creates a Small Claims Court System for pursuing infringements.

Editorial Photography In France

By Jim Pickerell | 506 Words | Posted 2/20/2017 | Comments
Is there a future for editorial photographers in France? France used to be one of the most vibrant markets in the world for editorial photography. That seems to be rapidly dying, not because of a lack of French publications (See chart) that want to use editorial pictures. Some just don’t want to pay for the images they use.

Group Registration Of Photographs

By Jim Pickerell | 426 Words | Posted 2/10/2017 | Comments
DMLA together with various other visual arts associations (what we are loosely referring to a Coalition of Visual Artists –DMLA, APA, ASMP, GAG, NPPA, NANPA, and PPA) filed a joint response to a proposed rulemaking by the Copyright Office on Group Registration of Photographs.

Attempt By Maryland To Regulate Copyright Demand Letters Thwarted

By Nancy e. Wolff | 462 Words | Posted 2/8/2017 | Comments
Action by the DMLA and other photography trade associations successfully headed off proposed legislation by the Maryland Senate Finance Committee aimed at preventing copyright owners from “making certain assertions of copyright infringement in bad faith”. The bill stipulated that a court may consider, among other factors, the absence of a certificate of copyright registration accompanying the letter as evidence of bad faith.

Do Takedown Notices Work?

By Jim Pickerell | 505 Words | Posted 1/30/2017 | Comments
The U.S. Copyright Office is trying to determine the impact and effectiveness of safe harbor provisions contained in Section 512 of the Digital Millennial Copyright Act (DMCA). The safe harbor offers qualified Internet Service Providers (ISPs) immunity from monetary damages for hosting infringing content if the ISP expeditiously removes the content after receiving a proper notice.

Highsmith Case Against Getty Dismissed

By Jim Pickerell | 258 Words | Posted 12/9/2016 | Comments
Last July, photographer Carol Highsmith filed a copyright infringement lawsuit against Getty Images for $1 billion after discovering that Getty and its subsidiaries had been charging customers fees to license her images of Americana.

Pond5 Introduces Extended Licenses

By Jim Pickerell | 217 Words | Posted 12/5/2016 | Comments
Pond5 has announced the launch of its new Extended Licenses offering some of the highest levels of coverage, protection, and flexibility in the industry.

Is Going After Unauthorized Uses Worth It?

By Jim Pickerell | 1966 Words | Posted 11/22/2016 | Comments
After looking at their sales reports, an increasing number of photographers are deciding that it no longer makes sense to produce new images. At the same time, they are aware that many of the images that they produced years ago are being used very widely across the Internet without their permission. Some are saying, “Maybe, rather than producing new images, it is better to spend my time chasing infringements of the images I have already created.”

Chasing Infringements

By Jim Pickerell | 915 Words | Posted 11/7/2016 | Comments
ImageRights monitors use of the work of more than 8,000 professional photographers and photo agencies worldwide to assist them in ensuring that their intellectual property rights are protected.  Notable clients include Magnum Photos, CPi Syndication, Nunn Syndication Ltd., Playboy Enterprises, and Lickerish Ltd.

Maria Pallante Removed as Head of Copyright Office

By Jim Pickerell | 730 Words | Posted 10/25/2016 | Comments
After five years in the position of US Register of Copyrights, Maria Pallante was fired last Friday. Pallante was informed of her change in roles by being locked out of her computer. Maria has been a huge advocate for the rights of Creators and instrumental in the industry’s efforts for modernizing the Copyright Office and the creation of a Small Claim’s Court for Creators. She has been seen as being fair and unbiased by all who know her.

Releases and Sensitive Subjects

By Jim Pickerell | 631 Words | Posted 10/13/2016 | Comments
As more and more amateurs supply images for marketing – particularly “candid, real life” images – there may be an increased risk of images without proper releases getting used. Some agencies – and maybe even customers -- are also becoming more lax in checking whether valid releases exist. While many agencies require that a release be submitted with all people images, not all do.

Image Buyers Using Google Search

By Jim Pickerell | 731 Words | Posted 10/7/2016 | Comments
Last month Africa Media Online conducted a survey to gain an understanding of how picture buyers and picture researchers use Google to find images. Seventy-eight percent (78%) of respondents use Google to help them find images for licensing.

Stopping Copyright Thief In China

By Jim Pickerell | 877 Words | Posted 10/3/2016 | Comments
Guarding intellectual property rights in China causes many headaches - but also opens fresh opportunities for lateral thinkers like Chu Yong, whose company’s biggest income stream comes from court cases against copyright thieves. He is making more money for his 400 image creators he represents from compensation for infringement, than many of them receive from selling their products to genuine buyers.

Image Creators: Open Letter To U.S. Senators

By Jim Pickerell | 1439 Words | Posted 9/29/2016 | Comments
Getty Images is asking image creators to add their names to an open letter to U.S. Senators. The letter asks the Senators to say NO to Google’s anti-competitive Image Scraping practices that harm visual artists and other independent creators.

Will Stopping Google Image Scraping Solve Photographer’s Problems?

By Jim Pickerell | 516 Words | Posted 9/29/2016 | Comments
Getty announced on April 27th that it would file a complaint against Google with the European Commission concerning Google’s anti-competitive business practices. On May 20th, to the chagrin of CEPIC, they announced they would not pursue a copyright case against Google in U.S. courts  

How Good Is Visual Image Search?

By Jim Pickerell | 946 Words | Posted 9/27/2016 | Comments
Photographers are discovering that Getty is being paid fees by Pinterest for images it doesn’t represent.

EU Draft Directive on Copyright

By Jim Pickerell | 487 Words | Posted 9/15/2016 | Comments
On 14 September 2016 the European Commission published its copyright package including a draft directive on Copyright in the Digital Single Market for promoting a “fair and efficient European copyright-based economy”. CEPIC represents hundreds of picture agencies and hundreds of thousands of photographers. CEPIC’s members have been digitizing visual content from the advent of the Internet. They license the resulting digital asset for all kinds of commercial uses, to newspapers, magazines, advertising, broadcasters, off and on-line, etc.