Copyright & Legal

Small Claims Legislation Update

By Jim Pickerell | 841 Words | Posted 10/5/2017 | Comments
A bipartisan solution to help artists, photographers, filmmakers, musicians, songwriters, authors and other creators protect their life’s work from unauthorized reproduction has been introduced by U.S. Representative Hakeem Jeffries (NY-08), a Democrat, and U.S. Representative Tom Marino (PA-10), a Republican, both members of the members of the House Judiciary Committee.

Restrictions On Retouching Photos Of People

By Jim Pickerell | 183 Words | Posted 9/26/2017 | Comments
Effective October 1, 2017 a new French law obliges clients who use commercial images in France to disclose whether the body shape of a model has been retouched to make the individual look thinner or larger.

ImageRights Simplifies Copyright Registration

By Jim Pickerell | 416 Words | Posted 9/12/2017 | Comments
ImageRights International, the global leader in copyright enforcement services for photo agencies and professional photographers has launched a dedicated copyright registration service. For the first time, any photographer or agency can register their images with the United States Copyright Office through ImageRights highly efficient and precise copyright service. Previously, only ImageRights members had access to the service.

Court Permits Copyright Claim To Proceed Despite Error In Registration Application

By Jim Pickerell | 256 Words | Posted 9/8/2017 | Comments
The District Court of the Southern District of New York, in the case of Archie MD, Inc. v. Elsevier, Inc., recently clarified the standard by which a copyright registration may be considered valid despite containing inaccurate information.

Wining Photo Contests

By Jim Pickerell | 154 Words | Posted 9/7/2017 | Comments
It is no longer necessary to take pictures in order to win photo contest. Photographers who share their images on public domain sites are sometimes surprised to learn that others have taken their images, entered them in photo contests and won awards.

Eight Tips To Prevent Image Theft

By Jim Pickerell | 866 Words | Posted 8/31/2017 | Comments
Everyday Copytrack is confronted with the question from their users of how they can protect their images. Despite there being no one method that completely protects image online, we suggest other tools and ways that reduce the chances of image theft. Here are the simplest to the most complex methods for image protection as presented by Copytrack.

Shutterstock Finds Way To Better Protect Its Watermarks

By Jim Pickerell | 275 Words | Posted 8/30/2017 | Comments
A couple weeks ago we reported that Google researchers had found a way to remove the watermarks used by most stock photographer and stock photography sites. To protect their watermarks Shutterstock engineers have designed a “watermark randomizer” that adds subtle inconsistencies to its marks, ensuring each one is a little different and making them difficult for Google to remove.

Watermarks On Photos: Easily Removed

By Jim Pickerell | 250 Words | Posted 8/18/2017 | Comments
Researchers at Google have found a vulnerability in the way watermarks are used by stock imagery sites like Adobe Stock that makes it possible to remove the opaque stamp used to protect copyright.

Demand For Assistance In Pursuing Copyright Abuse Increases

By Jim Pickerell | 504 Words | Posted 8/16/2017 | Comments
Increasingly, image creators are turning to online service providers to provide assistance and support in pursuing copyright abuse. Copytrack is seeing rising customer demand in both Japan and the U.S. Marcus Schmitt, Copytrack CEO, attributes the heightened demand to the Berlin-based portal’s strong international involvement in Asian and US congresses, and associations, such as Japan Professional Photographer Society and the Digital Media Licensing Association in New York.

Legal Portraits

By Jim Pickerell | 199 Words | Posted 8/9/2017 | Comments
Stock photographers looking for a way to make some extra money might want to take a look at this article from the National Law Review. The Law Review argues that law firms need to consistently update their attorney portraits on their websites because “prospective clients may use them to form a first impression” of the law firm.

Pursuing Copyright Infringement

By Jim Pickerell | 174 Words | Posted 8/9/2017 | Comments
Photographers living in the New York Metro Area who have evidence of a copyright infringement of their work may want to check out this opportunity for free legal assistance in pursuing their case.

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.