Copyright & Legal

Copyright Law Rejected In EU Vote

By Jim Pickerell | 150 Words | Posted 7/9/2018 | Comments
A controversial bill in the EU seeking a rewrite of Europe’s copyright laws giving creators more power to restrict how their content is distributed has been rejected by lawmakers.  The vote was 318 against the legislation, known as The Copyright Directive, while 278 voted in favor, and 31 abstained, taking the reforms back to the drawing board.

Photononstop Not Paying For Keywording

By Jim Pickerell | 217 Words | Posted 6/26/2018 | Comments
Lohian Networks a keywording agency in India reports that Paris based Photononstop has not been paying its bills and may be in financial difficulty. Rashi Jain, Project Coordinator for Lohian Networks reports that in 2016 his company keyworded 3788 images for Photononstop at a rate of $1.25 per image for a total cost of $4,735.00. Invoices were sent in June and July 2016 via Photosindia in the U.S. Almost two years later these invoices have not been paid after repeated followup requests.

Olycom Files Bankruptcy: Acquired By LaPresse

By Jim Pickerell | 228 Words | Posted 6/26/2018 | Comments
Olycom, a major Italian photographic agency headquartered in Milan and founded in 1958 by Walfrido Chiarini as Olimpia Fotocronache has filed for bankruptcy. Everything regarding debts is in the hands of a judge. LaPresse, the Italian multimedia news agency led by Marco Durante, has acquired the analog and digital libraries of Olycom including the Publifoto brand, the historical archives Olimpia and Olycom and related brands covering the whole of the twentieth century, with a collection of over 15 million images.

Will EU’s Article 13 Help Photographers?

By Jim Pickerell | 855 Words | Posted 6/25/2018 | Comments
Last week, the European Parliament’s Committee on Legal Affairs approved amendments to the EU’s Directive on Copyright in the Digital Single Market. EU’s Directive on Copyright in the Digital Single Market. Among the amendments approved was Article 13.

Scope Feature Folds In UK

By Jim Pickerell | 185 Words | Posted 6/21/2018 | Comments
Scope Features in the UK has gone into voluntary liquidation with nearly £400,000 in unpaid debts and nearly £13,000 in royalties still owed photographers. According to its statement of affairs filed at Companies House on 17 May, individual photographers are owed sums ranging from £30 to more than £2,000.

Copyright Office Proposes 41% increase

By Jim Pickerell | 620 Words | Posted 6/13/2018 | Comments
The U.S. Copyright Office is proposing changes to fees for copyright registration. The Office has issued a statement outlining the proposed changes in detail, but on average, fees will increase by as much as 41%. According to the statement, the Office analyzed potential changes to fees and wants to ensure that they are “fair and equitable and give due consideration to the objectives of the copyright system,” as required by the statute.

Collecting For Foreign Infringements

By Jim Pickerell | 423 Words | Posted 6/7/2018 | Comments
Back in 2016 Tony and Chelsea Northrup discovered that their image, originally published on the cover of their Adobe Lightroom 6/CC for Photographers book, had been used by an Australian company on the packaging of a smartphone case, and the product sold in Australia and New Zealand without their permission.

Do News Organizations Respect Copyright?

By Jim Pickerell | 293 Words | Posted 5/29/2018 | Comments
In 2016 a massive flash flood raced down the main street of Ellicott City, Maryland. It was called a “thousand-year flood” given the unique characteristics that set it in motion. On May 27, 2018 the flow that supposed to only occur once every 1,000 years struck again. Photographer Max Robinson gets classic footage and Fox News uses it without permission.

More on GDPR

By Jim Pickerell | 283 Words | Posted 5/23/2018 | Comments
The General Data Protection Regulation, GDPR, that goes into effect on Friday, May 25, 2018 will require companies that do business in the EU to provide a form to the companies that they are dealing with. It is not clear if it is necessary to supply such a form to each and every individual that a company deals with. A survey by CompliancePoint shows that 76% of U.S. businesses are not prepared for the enforcement deadline. (Check out previous story.)

GDPR Explained

By Jim Pickerell | 296 Words | Posted 5/18/2018 | Comments
North American photographers and stock agencies may have heard about the new European Union GDPR (General Data Protection Regulation) law that goes into effect on May 25, 2018, but figured “that’s something happening in the EU that I don’t have to worry about.” Well, maybe not!

Are Photogs Being Credited And Paid Properly?

By Jim Pickerell | 879 Words | Posted 5/16/2018 | Comments
In 1968 Andy Sacks, a 20-year-old University of Michigan photographer covered Robert F. Kennedy’s campaign stop in Detroit for the student newspaper, The Michigan Daily. This is a story about how the photos he captured that day ended up getting used hundreds of times 40 to 50 year later and he received no credit or a reasonable share of compensation for their use.

Hiring A Copyright Attorney

By Jim Pickerell | 1014 Words | Posted 5/4/2018 | Comments
When hiring an attorney to handle a copyright enforcement case the Copyright Alliance has suggested five questions photographers should consider.

Images On Getty They Can’t License

By Jim Pickerell | 366 Words | Posted 4/24/2018 | Comments
Does anyone know. who owns the copyright to image 607387712 of Marilyn Monroe on Gettyimages.com. Evidently Getty doesn’t. It seems that Getty has the rights to license the image for “Standard Editorial Rights,” but that does not include commercial use rights or print cover rights. Evidently it also doesn’t include the right to license a use for wall décor because Getty will not license the image for that purpose.

Masterfile Still Has Trouble Paying Current Royalties

By Jim Pickerell | 964 Words | Posted 4/12/2018 | Comments
Some Masterfile contributors report that the BIA restructuring of the company last year hasn’t solved Masterfile’s financial problems. Once again the company is falling behind on paying current royalties on new sales. I asked Steve Pigeon, CEO of Masterfile, for clarification and an explanation of the problems. The following are his answers.

Imatag: A Better Way To Protect Your Photos

By Jim Pickerell | 706 Words | Posted 4/6/2018 | Comments
A visible watermark on your photos distracts from the impact a non-watermarked photo might have and may discourage people from using it. However, the real problem arises when the photo is actually licensed to a customer. Customers are only interested in using un-watermarked photos on their websites. When someone else sees the photo, and decides they would like to use it, they can easily copy and paste it to their own site. Imatag offers photographers a better way to protect their images.

Pursuing Infringements

By Jim Pickerell | 722 Words | Posted 3/29/2018 | Comments
When it comes to pursuing copyright infringements the biggest problem for photographers is not finding unauthorized uses, but finding too many. Photographers can do their own searches using Google Images or Tineye. Once a use is found, the photographer must search his/her records to determine if the image has ever been licensed, and if so, the terms of the license.

Small Claims Bill - Contact Your Congressperson NOW!

By Jim Pickerell | 455 Words | Posted 3/27/2018 | Comments
All photographers and copyright holders in the U.S. are urged to contact their Congressional Representative and ask them to Vote in Favor of H.R. 3945 – a bill to create a Small Claims Court! The bill is likely to be out of the House Judiciary Committee mark-up and ready for a vote the week of April 9th. Your representative needs to hear from you now! Grass-root support is imperative!

Trade Organizations In Europe Call On EU To Stop Framing

By Jim Pickerell | 1164 Words | Posted 3/15/2018 | Comments
In a joint letter to the European Parliament Legal Affairs Committee these trade organizations CEPIC, EFJ, EVA, and Pyramide Europe are calling European legislators to urgently correct the theory of law used by the Court of Justice of the European Union (CJEU) involving the use of framing/embedding technology on the Internet.

Calculatings Fees & Damages For Stolen Images

By Jonathan Appleby | 893 Words | Posted 3/8/2018 | Comments
Trying to decide how much you should charge for your image can be a bit like asking “how long’s a piece of string?” At Copytrack we help photographers get paid for uses of their work. When using us a photographer receives around 360 EURO ($443) for each one of their images successfully licensed.

Proof of Existence Is Not Proof of Ownership

By Joe Naylor | 881 Words | Posted 2/26/2018 | Comments
There is a dangerous movement afoot; the idea that registration of your images on the blockchain is a cheap and simple alternative to registration with the United States Copyright Office.  It is not.

Unsplash: How Free is Free?

By Jim Pickerell | 670 Words | Posted 2/21/2018 | Comments
Since its launch in 2013 Unsplash has been providing a platform where photographers can upload their images for the enjoyment of others. The photographers allow anyone to use their images for free, for any purpose and without credit. While the photo library only contains 400,000 photos (compared to the 180 million on Shutterstock), the company says it’s had more than 48 billion photo views and 310 million photo downloads since launch. Currently, it is seeing 10 photo downloads per second.

Copytrack To Launch Global Copyright Register

By Jim Pickerell | 904 Words | Posted 2/20/2018 | Comments
Copytrack has completed its Initial Coin Offering (ICO) and will be launching a Global Copyright Register (GCR) this summer that will work in conjunction with their Global Copyright Enfocement services (copytrack.com). With their Presale and ICO they have a total of 8,600 investors who have purchased around 16 million tokens. The purchase of images found on the GCR will be tracked in a Blockchain and paid for using cryptocurrency tokens.

Embedding Photo Tweet Ruled Copyright Infringement

By Jim Pickerell | 238 Words | Posted 2/20/2018 | Comments
Judge Forrest of the U.S. District Court for the Southern District of New York in Goldman v. Breitbart News, LLC has ruled in favor of photographer Justin Goldman that embedding a tweet that contains a copyright protected photo does, in fact, constitute a copyright violation. If the ruling is upheld, it could have a major impact on the way media and many other Internet users get some of their imagery.

ICL vs Plus Registry

By Jim Pickerell | 1472 Words | Posted 2/13/2018 | Comments
After I published my article proposing the development of an Image Creator Locator or ICL, several readers pointed out that the Plus Registry is designed to accomplish the same goal. See here for how ICL differs from Plus in its aims.

Getty Images Announces Partnership With Google

By Jim Pickerell | 785 Words | Posted 2/9/2018 | Comments
Getty Images and Google have announced an agreement that includes a multi-year global licensing partnership, enabling Google to use Getty Images’ content within its various products and services. “This agreement between Getty Images and Google sets the stage for a very productive, collaborative relationship between our companies,” said Dawn Airey, CEO, Getty Images. “We will license our market leading content to Google, working closely with them to improve attribution of our contributors’ work and thereby growing the ecosystem.”