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Photographers in Michigan should keep their eyes open for legislation and other legal changes that stem from a June 18, 2010, state Supreme Court ruling.

The Case
The legal question in Woodman vs. Kera, LLC, was whether a parent has the right to contractually waive liability for injury of their child before the injury occurs--and the court found that in Michigan, a parent's waiver is not enforceable.

The ruling handed down from Lansing included four different opinions from the court with the majority indicating that a waiver of liability signed by a parent is ineffective to waive the child's right sue for his or her injuries. The court's opinion seemingly goes even further, indicating that a parent does not have the ability to contract on behalf of a child or waive any legal claim the child may have unless the state legislature has passed a specific law allowing it.

What Does This Mean to You?
What the court has said means that any waiver of liability relating to injury incorporated into your portraiture agreement is not as binding as it was prior to this ruling. Additionally, even if your contract did not include such wording and was signed by a minor's parent, it has the potential to be voided if the child wishes to exercise his or her legal rights.

It is still unclear as to exactly how this would play out in the context of collecting model releases. However, upon initial review of the court opinion, it looks as though a standard model release signed by a parent is no longer binding in Michigan.

During the Copyright Alliance meeting (July 28, 2010), PPA staff spoke with Victoria Espinel, appointed by President Obama as the first Intellectual Property Enforcement Coordinator (a position created in 2008 when President Bush signed the PRO-IP act into law).

In addition to PPA's previously submitted comments--about the effect of copyright infringement on the photographic industry, our educational and preventive efforts and a general overview of the industry--Espinel said her office received hundreds of comments from individual photographers about the importance of copyrights to them. In fact, the number of comments received this March totaled 1,600.

Click here to read more.

PPA urges the U.S. Senate to pass two key tax provisions that will be beneficial to alleviating the tax burden faced by small business owners like photographers. As the Senate prepares to debate H.R. 5297 - The Small Business Jobs Act of 2010, PPA has sent letters of support to the Senate Small Business and Entrepreneurship Committee leadership and Sen. Barbara Boxer (D-CA), applauding their efforts to ease some of the challenges faced by many photographers.

Members can read the full article here.

On March 23, Professional Photographers of America's (PPA) Board of Directors visited with senators and members of the U.S. House of Representatives on Capitol Hill to deliver two messages:

• Photographers require strong copyright laws to protect their livelihood.
• As small business owners, photographers need access to quality and affordable health care to protect themselves, their families and employees.

PPA regularly voices photographers' concerns on both of these fronts. This advocacy trip to Capitol Hill was an opportunity to give legislators insight on what it means to be a professional photographer in today's world.

"It was refreshing to see how receptive congressional staff was in listening to us explain the daily challenges we face as both photographers and business owners," said 2010-2011 PPA President Louis Tonsmeire. "I definitely encourage PPA members to personally express comments and concerns with their legislators--about anything from copyright laws to business issues--just as we did. After all, they're on Capitol Hill to work hard for you."

Timing of this visit did coincide with President Obama's signing of H.R. 3590 - The Patient Protection and Affordable Care Act. This did not significantly impact our message concerning health care, as the H.R. 4872 - Health Care and Education Affordability Reconciliation Act of 2010 (the bill that merges both the House and Senate versions of health reform) was not passed by the Senate at that time.

"The timing of was coincidental, but it was good to be on the Hill while the health care discussion unfolded. We were delighted to have our board members on Capitol Hill to witness this process," commented PPA Chief Executive Officer David Trust. "It remains to be seen whether the new legislation will help or hurt small business."

The board's trip was also on the eve of the Office of the Intellectual Property Enforcement Coordinator's (OIPEC) final day to submit comments concerning existing IP enforcement mechanisms, the economic impact of copyright infringement, and recommendations for executing their strategic plan. PPA joined its allied organizations in the Alliance of Visual Artists (AVA) and fellow photographic trade association American Society of Media Photographers (ASMP) in preparing comments to be received by Intellectual Property Enforcement Coordinator Victoria Espinel.

"Having our board members add testimonials about copyright infringement from a real-world perspective adds to the message we normally give on Capitol Hill," said Trust. "It was our firsthand way of showing that copyright infringement is a battle fought across all creative industries."
 

On the eve of the White House "Bipartisan Meeting on Health Reform," Professional Photographers of America (PPA) and the Small Business Coalition for Affordable Healthcare tell congressional leadership what small business owners want to see in any health care reform bill.

In a letter sent to Senate Majority Leader Harry Reid (D-NV) and House Speaker Nancy Pelosi (D-8th-CA) on February 24, 2010, PPA asks Congress to consider the inclusion of small business-friendly provisions in a manner that won't increase the cost of doing business. Read more about PPA's suggestions here.

If you want to communicate the importance of having access to affordable, quality health care, we encourage you to visit PPA's Contact Congress page to participate in a "Health Care Call-in," organized by the Small Business Coalition for Affordable Healthcare. We have provided a sample phone script that you can use (and customize) to contact your senators and representatives today.

As the health care debate unfolds in the Senate, Professional Photographers of America (PPA) and its allied organizations are watching. In a letter sent to the Senate, PPA joined the Small Business Coalition for Affordable Health Care to ask for H.R. 3590 -The Patient Protection and Affordable Health Care Act to be made friendlier to the small business community.

The message being sent is that the combination of provisions included in the bill are not likely to provide small businesses with the long-term relief needed to ensure continuous access to quality and affordable health care.

Your Copyright & Government Affairs staff wanted to keep you updated on some of the provisions in this legislation, so that you can make informed decisions and ensure your voice is heard.

• Please read the statement, “PPA Tells Senate: Health Care Bill Not Favorable to Small Businesses” on PPA.com. You’ll find an overview and places to go to get more information and take action.
• Visit the Contact Congress page to e-mail, call or write your senator. We have provided a sample phone script that you can use (and customize).

We asked and you responded! Professional Photographers of America (PPA) members turned out on behalf of professional photographers to sign The Copyright Alliance's letter asking President Obama and Vice President Biden to pursue policies supportive of artists' rights.
 
On Monday, November 16, the letter--signed by over 11,000 artists nationwide--was delivered by a select group of artists who met with Kalpen Modi and Greg Nelson, key personnel on technology and the arts in the White House Office of Public Engagement.
 
"Copyright, the basic tenet that allows these artists and millions of others like them to earn a living from their work, is increasingly under attack," said the Director of Outreach Initiatives, Lucinda Dugger. "The goal of this effort is to remind our nation's most powerful leaders that creativity and art and entertainment don't just happen. They require investment, hard work and talent."
 
The delegation included Chad Cameron, an illustrator from San Francisco; Jonathan Ifergan, a musician with the band Color Radio from Chicago; Margot MacDonald, a singer/songwriter from Washington, DC; and Natalie Neckyfarow, an actress from Charlotte currently living and working in New York City.

"Photography is so often overshadowed in the ongoing copyright discussion by the movie and music industry. This letter allowed professional photographers to come out in a huge way, telling the president and vice president that strong copyright laws are important to our industry as well," said PPA's Chief Executive Officer David Trust. "We hope this letter makes a difference. We know that making a statement as individual creators resonates loudly on Capitol Hill and in the White House."

Professional photographers feel strongly about their rights...as proven by the thousands of photographer signatures on the letter delivered to the White House. Other signers included authors, songwriters, graphic designers, filmmakers, musicians, publishers, jewelry designers, web designers, illustrators, video game developers, architects, cartoonists, composers, playwrights, voice actors, animators, sculptors, painters and videographers.

"The Obama Administration repeatedly has opened its doors to artists showcasing their talents. We are gratified the Obama Administration has opened the White House doors to creators concerned with copyright infringement and its toll on artists nationwide," Patrick Ross, the Copyright Alliance's executive director, added.

Complete text of the letter and signatures can be viewed at www.copyrightalliance.org/letter. If you're interested in signing on, please do. The Copyright Alliance has kept the signature portal open to allow even more creators to speak up for their copyrights.

PPA is supporting the introduction of H.R. 1509 - The Home Office Deduction Simplification Act of 2009 by signing a letter sent by a coalition organized by the National Association for the Self-Employed (NASE).  The letter announces the introduction of this vital piece of legislation by Representatives John McHugh (D-NY-23) and Kurt Schrader (D-OR), and seeks the co-sponsorship and support for the bill.

The bill mirrors H.R. 6214 - The Home Office Deduction Simplification Act of 2008, also introduced by Rep. McHugh during the 110th Congress. PPA supported this legislative initiative in 2008 and is hopeful that the bill will garner enough support to clear the U.S. House of Representatives this Congress. This bill, like H.R. 1470 - Equity for Our Nation's Self Employed Act, currently finds itself in the hands of the House Ways and Means committee.

On March 19, PPA's Chief Executive Officer, David Trust, represented the photography industry on a panel at a Congressional Briefing that included representatives from the music, movie and software industries. The discussion centered on the importance of U.S. Copyright law to the photography industry, the importance of copyright industries to the U.S. economy, and how photographers interact with fellow creators.

The briefing was hosted by the Copyright Alliance, a non-profit, non-partisan educational organization composed of individual creators and leading copyright industry organizations.  A founding member of the Copyright Alliance, PPA was delighted to participate in this event which was well attended by staff members from each chamber's Judiciary Committee, and other Congressional committees, subcommittee's and caucuses that govern intellectual property related issues.

As President-Elect Barack Obama prepares to take office, his transition team is turning to Professional Photographers of America (PPA) and other members of the creator community for advice. The transition team asked to meet last Friday with the Copyright Alliance's seven-member board of directors--among them David Trust, PPA's chief executive officer and a founding member of the Alliance.

"We were pleased with the opportunity to express to the new administration our thoughts and concerns about copyright and intellectual property issues," Trust stated after the meeting. "I doubt the photographic community has ever had an opportunity like this."

President-Elect Obama's team wanted to have a clear understanding of intellectual property issues on the day it receives the keys to the White House. During the meeting, Trust pointed out that a major portion of the economy is under siege and that photographers are an important part of that economic mix. PPA's written materials also pointed out the vast professional photographic network (over 122,000 nationwide) encompassing every Congressional district...and the impact intellectual property and its domestic and international enforcement play in their livelihoods. After all, each of those 122,000 professional photographers create an estimated 20,000 works each year.