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Results tagged “Photography Copyright” from PPA Today

PPA Makes a Fall Visit to Washington

Last week, PPA's Copyright and Government Affairs department met with a series of committees and subcommittees on the Hill in order to help determine future political strategy. 

A big part of the discussions in the committees was commercial policy for a pretty polarizing and popular topic of late. You guessed it--drones! PPA argued for exemptions to be made for PPA photographers in regards to the use of drones.

It's worth noting that midterm elections happen November 4th and there will be a lame duck session after that to an undetermined time. A lame duck session occurs when Congress meets with elected successors post-midterm elections but before the successor's term begins. Because it is unknown who will be elected, it is difficult to forecast exactly what will happen in a lame duck session. 

However, Tom Chapman, Counsel to the Subcommittee on Aviation, Safety, and Security, thought it was likely that significant change in drone policy could occur as early as the lame duck session. Specifically, things could change in response to the FAA Reauthorization and Reform Act of 2012 which instructed the FAA to safely introduce drones into the national air space. This change in policy is forecasted as a result of the current influx of drone exemption applications that the FAA has recently received. While commercial drone use is illegal, the FAA allows exemptions to be applied for under ยง333 of the 2012 Act

So as it stands, the use of drones is still technically illegal, so use at your own risk! We will keep you updated as the situation develops. 

Another central issue with copyright policy is that there is no small claims remedial process. Because of the disenfranchisement of all people in federal court, the Copyright Office agreed with PPA that there needs to be a type of federal small claims court, which would thereby allow for copyright claims to be made without an attorney. PPA argued this is necessary to help all persons through the legal system. 

PPA has long stressed the importance of a small claims court for federal suits and the proposal of a federal small claims court was generally well received. How legislators will attempt to go about this is still up for debate due to constitutional conflicts, particularly in reference to Article III of the Constitution.  

PPA will continue to be a voice for photographers on Capitol Hill. Have an issue you think we need to address? Please let us know!

We've received word from some PPA photographers that Getty Images has been sending out some unsolicited emails with YOUR images in them as a way to catch your attention and get you to become a contributing member for their libraries of stock images. Slightly unethical! (We'll explain...) 

We're not here to give you advice on whether or not to contribute to iStock, but rather to address another question: Are Getty Images/iStock infringing on your copyrights by sending you an email with your images which they did not ask your permission to use? 

The simple answer is technically, yes; however it's probably not enough to warrant any legal action. (Note: We did NOT say definitely.) The reason why is where things get interesting, because it seems that Getty/iStock have found a bit of a loophole in the law. We brought in PPA Copyright attorney, Stephen P. Morris to help explain.

Yesterday, PPA's board of directors visited with key staffers and senators on Capitol Hill to voice their concerns on copyright protection. You can view yesterday's post on their visit to get caught up. 

Maria Matthews, manager of PPA's copyright and government affairs department is back with an update on what went down!

 

We talked, they listened!

On behalf of PPA members and professional photographers everywhere, an excited PPA board of directors spent their Tuesday in our nation's capita. They met with chief counsels, judiciary aides and senators and told their story. They explained the impact copyright theft can have on their business and families--as well as the potential economic impact for their state--and light bulbs went on.

The board asked staffers and senators to deliver this message to the senate: Copyright affects more than just big industry; it impacts mom-and-pop businesses in every corner of their state. Many of the offices we met with agreed that strong copyright laws are essential to ensuring a thriving creative community. They also admitted that most of their efforts on the intellectual property front as of late have been focused on patent and not copyright reform--something they will be looking to remedy!

This visit was great progress for the copyright debate. Next up: Keep lobbying to get the talk moving toward action on the senate!

The board had a great time in D.C. and shared their visit all over social media. Check out their posts below.

(Click the images to view the original posts.)

 

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PPA will continue to provide updates on the ongoing copyright movement. Things are getting really exciting!

An eight-year battle on behalf of creators has ended badly. Federal Circuit Court Judge Dennis Chin ruled last week that the mass digitization of library books "provides significant public benefits" and "advances the progress of the arts and sciences." This comes as a shock to the creative world, and apparently opens the flood gates on the mass digitization of creative works, with or without the creator's permission. 

"To be honest, it is just shocking to everyone involved in the protection of copyright," commented PPA's CEO David Trust. "Judge Chin's opinion is short-sighted. Creators cannot do what they do best--create--if they are not compensated for it. And when creators no longer create, the public suffers."

The suit:
The Author's Guild filed suit against Google in 2005 in response to The Google Book Project. The project, launched in 2004, was designed to create a digital collection of printed texts that would be searchable online. Google began sourcing books and other printed media from libraries and universities and later "partnered" with publishers. At no time were the individual authors consulted nor was their permission to make reproductions requested. This was the basis for the suit.

"We disagree with and are disappointed by the court's decision today," Authors Guild executive director Paul Aiken said. "Google made unauthorized digital editions of nearly all of the world's valuable copyright-protected literature and profits from displaying those works. In our view, such mass digitization and exploitation far exceeds the bounds of fair use defense."

The Author's Guild plans to appeal.
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In our recent "The Government Shutdown and You" blog post we discussed how the current government shutdown has affected copyright registration. Since we had copyright on our minds, we figured it was the perfect time to remind you of your PPA member copyright benefits. Remember, just because the copyright office is currently closed, that doesn't mean you can't still send in copyright registrations or that your copyrights are no longer valid!

A frustrating day for any photographer can be when you discover that someone is using one of your copyrighted images without your permission. Not only is it illegal--it also cuts into your bottom line! So what do you do if it happens to you? Luckily for PPA members, there's an easy solution: just call PPA's copyright and government affairs department at 800-786-6277 or by email at copyrightdefense@ppa.com.

Once you've contacted PPA, we'll help you determine the next steps to take to resolve your copyright infringement problem. If you wish to do so, you can also have us contact the infringer on your behalf as a way to get them to stop the practice or bring them to the negotiating table. 

Of course, we hope that you never run into a situation where someone has violated your copyright, which is why PPA provides a whole host of resources to help you protect your copyrights. 

Visit the copyright resources page to download the Copyright Kit, which will give you a great overview of the copyright process. You can also find copyright inserts you can include with your clients' orders to help keep them educated about copyright. Finally, there's also guides you can download to help you with electronic copyright registration as well as sample contracts for giving someone permission to reproduce one of your copyrighted images! 

Don't forget about the copyright webinars on the copyright resources page. They'll walk you through the basics of important copyright information you should be aware of. 

In addition to providing you with resources, PPA's RECON program checks on local retailers to make sure that they are obeying copyright law. If you're a PPA member, you can become part of this program! 

The Retail Compliance Network (RECON) is a dedicated group of photographer investigators who go undercover in an effort to preserve the integrity of photographers' copyrights. They embark on stealth missions to local retailers who offer photo finishing services or use online print services to see if they are complying with copyright law. If a retailer violates the laws, PPA approaches them with the results and urges them toward greater compliance. 

If you'd like to become a RECON investigator, you can download an application; just remember you need to be a PPA member. 

Along with all of these efforts, PPA members can also get a discount on services to add digital watermarks to your images. This is especially important for photographers that post copyrighted images to forums, websites, Facebook or other social media! The watermark lets everyone know who these images are copyrighted by and cuts down on illegal use.

So, access the copyright resources today and make sure all your images are properly copyrighted! These resources are just for PPA members, so join PPA today to have access to the resources as well as copyright assistance. 

Want to read more about protecting your images? Check out the "10 Ways for Photographers to Protect Their Copyright" post.
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