Copyright & Legal

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.

Public Domain Images, Can Anyone Use Them?

By Jim Pickerell | 343 Words | Posted 8/2/2016 | Comments
This is an update on the story we published last week concerning Carol Highsmith’s copyright infringement suit against Getty Images and other defendants.

When Are Releases Needed

By Jim Pickerell | 987 Words | Posted 7/28/2016 | Comments
Photographers who saw ImageBrief’s a recent blog post about Pamela Olivera’s shot that was used worldwide in a Delta Airlines campaign have been asking why Delta would take such a risk on an unreleased picture. Other ImageBrief photographers have commented lately that ImageBrief does not determined whether or not they have releases on at least some of their accepted pictures. They seem to simply accept that every image submitted has all necessary releases.

Photographer Hits Getty With $1B Copyright Suit

By Jim Pickerell | 151 Words | Posted 7/27/2016 | Comments
Law360 reports that photographer Carol M. Highsmith has filed a copyright infringement suit in New York against Getty Images. Damages could be worth $1 billion.

Small Claims Legislation For Creators Moves Ahead

By Jim Pickerell | 652 Words | Posted 7/15/2016 | Comments
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.

Getty Sues Serious Copyright Infringer

By Jim Pickerell | 333 Words | Posted 6/23/2016 | Comments
Getty Images has taken action against a serious copyright infringer who was discovered to have improperly accessed, downloaded and distributed Getty Images content through social media.

Image Brief Updates Terms And Conditions

By Jim Pickerell | 353 Words | Posted 6/16/2016 | Comments
Image Brief has made some changes in its terms and conditions. One of the major changes is that they are introducing Social Media Pricing. Photographer may op-out of social media pricing for their RF images, but if they don’t act within 30 days they will automatically be opted in.

Microsoft And Google Make Peace

By Jim Pickerell | 223 Words | Posted 6/10/2016 | Comments
On April 22, 2016 Google and Microsoft announced officially that they had buried the hatchet. Reflecting a changing relationship, the two sides drop complaints to regulators around the globe. Why should stock photographers care?

Graphics Detective Finds Unauthorized Uses

By Jim Pickerell | 538 Words | Posted 6/1/2016 | Comments
Graphics Detective (GD) in Belgium has developed a strategy for chasing online infringements that photographers may want to check out. There is no cost to the photographer unless there is a settlement. In the event of a settlement Graphics Detective pays the photographer 50% of whatever it collects.

Getty Will Not Sue Google For Copyright Infringement

By Jim Pickerell | 115 Words | Posted 5/20/2016 | Comments
In a Photo District New interview entitled “Too Big To Sue” Getty Images General Counsel Yoko Miyashita and VP and General Counsel Lisa Willmer explain why Getty Images is not suing Google Inc. in the US for copyright infringement. This is a must read for everyone engaged in the image licensing business.