Recently in Action Alert Category

PPA members asked for it, and we're doing it! PPA is launching a consumer-focused campaign called "See the Difference," targeted to wedding couples, seniors and families to reinforce the value of professional photography. Online advertising and social media will drive prospects to specialized landing pages. The wedding-focused landing page can be viewed at www.ppa.com/weddingphotographer. (Landing pages featuring senior photography and family/children portraiture will follow over the summer.)

These special landing pages will highlight articles, image galleries, videos, tutorials and search capabilities linked to our exclusive PPA Find-a-Photographer database. We are also researching the use of vertical websites and targeted e-mail marketing. Of course, we'll be pushing the campaign through PPA social media channels, and we hope that PPA members will help us get the word out through blogs, Facebook pages and Twitter accounts.

What can you do? (Or don't do?)
Do Update Your Find-A-Photographer Profile
As we're directing consumers to Find-a-Photographer, make sure your profile is up to date with your logo, headshot and your most stunning sample images! (Please note: Aspiring PPA members are not listed in the Find-a-Photographer database.)

Here's an idea of the traffic we're hoping to drive to Find-a-Photographer: During our test campaign in June (10 days long), we generated 1,615 clicks and 2,499,474 impressions! Over 200 of those visitors conducted searches on the Find-a-Photographer database and about 20% were reading the articles about selecting a professional.

Don't Click It!
You may see our ads on Google, Facebook and other online sites. Please don't click on the ads (we know it's tempting, but...), as we will incur costs for those clicks and it will make our tracking data inaccurate. (Ad copy is based on high-performing keywords.)

On Tuesday we passed along information about a legal ruling last week in New York, the case Muench Photography Inc. v. Houghton Mifflin Harcourt Publishing Company and R.R. Donnelley & Sons Company (09-CV-2669).

We know the decision handed down in this case is of great concern to you. Rest assured that our attorneys are actively monitoring the case, and we'll keep you informed of any updates as the appeals process unfolds. We have also been in touch with Corbis and gathered details about the steps they plan on taking. Below is an update on this case and its effect on bulk copyright registration.

Do you have images with Corbis?
Did you sign the Corbis Copyright Assignment Affirmation Declaration?
If so, you may have invalid copyright registrations.

The Advertising Photographers of America (APA) passed along the following important information that might just apply to you:

Last week, Judge Loretta A. Preska of the United States District Court, Southern District of New York, issued a summary judgment in the case Muench Photography Inc. v. Houghton Mifflin Harcourt Publishing Company and R.R. Donnelley & Sons Company (09-CV-2669). In the case, Muench Photography Inc. (MPI) claimed that Houghton Mifflin Harcourt Publishing Company (HMH) and R.R. Donnelley & Sons Company (Donnelley) "engaged in the unauthorized and impermissible use" of MPI images. The defendants, HMH and Donnelley, moved to dismiss the complaint arguing that the photographs at issue were not properly registered with the U.S. Copyright Office. The defendant's motion was granted in part and denied in part.

Summary of the Case
MPI licenses photographs for Marc and David Muench. Between March 2001 and December 2006, MPI--through its agent Corbis--sold limited licenses to HMH. MPI claims HMH exceeded the number of licenses granted, causing unauthorized reproductions of the images. This constituted copyright infringement in the eyes of MPI. By printing the textbooks wherein the images were used, MPI claims Donnelley is also guilty of violating MPI's copyright.

At question is the process of copyright registration for the majority of these images. MPI had a copyright registration agreement with Corbis granting legal title in selected images digitized by Corbis and included in the Corbis digital collection "solely for the purpose of copyright registration." After registration, Corbis agreed to "promptly reassign legal title to Marc and David Muench with respect to (their) registered original film images."

The Corbis procedure of acquiring from photographers the signed Copyright Assignment Affirmation Declaration documents that allowed them to make compilation registrations rested upon the questionable and legally unsubstantiated foundation of a single letter from the Copyright Office's Associate Register for Registration & Recordation, Nanette Petruzzelli. The Petruzzelli letter stated that the Copyright Office considers the procedure instituted by Corbis to be valid whereby Corbis is the author of the compilation by an acceptable transfer statement of the photographers and interpreted the claim to extend to the individual photographers. The letter also stated that the Copyright Office preferred, but did not require, the registration application to contain the names of all of the photographers on continuation sheets. The process was compared to the process to register magazines and other serial works, which do not require the listing of individual contributor names.

The unsupported written statements made by Petruzzelli seemed to legitimatize the questionable procedure of Corbis. If fact, it ineffectually "registered" an unknown large number of images that has resulted in a significant increase in vulnerability for photographers that have used this system through Corbis.

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 want to thank everyone who has already signed the letter asking President Obama and Vice President Biden to pursue the enforcement and strengthening of policies that protect your copyrights.

On November 16, the Copyright Alliance will deliver the letter with each artist's signature to the White House. To date, more than 11,000 artists have spoken up for their rights by signing the letter...and the majority are photographers like you. Have you made sure your name one of the many?

If you haven't signed the letter, visit www.copyrightalliance.org/letter today. All you need to do is scroll to the bottom to enter your name, artist type, city, state, and e-mail and hit "sign."

If you've already made your voice heard, make sure your colleagues and friends have as well--just pass along that link above. Remember to tell them to sign the letter before November 16th!

In 2003 the Fair and Accurate Credit Transactions Act was signed into law. This law directed the Federal Trade Commission (FTC), the National Credit Union Administration (NCUA) and other federal bank regulatory organizations to develop a set of regulations that prevent and protect against identity theft.

PPA has created this guide to help you determine if your studio must comply with these laws. If you must comply with the Red Flags Rules, the FTC requires you to create and implement your identity theft plan before November 1, 2009. Get PPA's Guide to the FTC Red Flag Rules here.

Florida Department of Revenue Sales and Use Tax Alert

Recently, the Florida Department of Revenue sent out letters to photographers in the state, requesting information about out-of-state or online purchases of tangible personal property for the last 36 months. Photographers have 30 days from the date of the letter to respond, and PPA is here to help you. (If you have questions, please call Bridget Jackson, PPA Studio Management Services Manager, at 800-339-5451, ext. 277.)

Please remember that some type of response is required--this applies to all photographers.

Here's some information to help clarify:

• If sales tax was not paid on the item when purchased, the tax burden rests on the photographer via use tax (for the last 36 months of purchases).
• If sales tax was paid at the time of the purchase or if use tax was subsequently paid, you are still required to provide proof (for the last 36 months of purchases).

Please keep in mind the following:

• "Everything a photographer sells is taxable," according to Florida law; therefore, sales tax should be collected and remitted on the sitting fee as well as the products.
• Wedding photographers should be collecting sales tax if a product is purchased in conjunction with the coverage charge (and the Florida Department of Revenue considers a DVD of images a product).
• If a wedding payment is for coverage only and an album or other product is subsequently produced, the photographer is not required to collect sales tax on the amount charged for coverage only.

For details on relevant Florida law, visit http://dor.myflorida.com/dor/. The specific Florida Department of Revenue Administrative Code relating to photographers is 12A-1.041.

Remember, PPA is here to help. If you have any questions about this notice or about sales and use tax in Florida, please call Bridget Jackson, PPA Studio Management Services Manager, at 800-339-5451, ext. 277.

Over the past week, PPA members in multiple states have received requests for photography services via Find-a-Photographer, which we believe to be scams. At present, we have blocked those e-mail addresses.

While PPA makes every effort to block spammers from the referral service, no system is completely foolproof. Remember to please be diligent in vetting all e-mail requests, use precaution, and follow best practices when responding. For instance, don't share personal information and be very cautious about unusual payment arrangements, such as cash forwarding schemes utilizing cashier's checks or money orders. 

If you have received a request for services via the Find-a-Photographer referral prompt that you believe to be suspicious, please ignore the request and notify PPA's Member Value & Experience team as soon as possible. With your information, we can investigate the e-mail address and notify other members if appropriate.

The FTC provides good information about protecting yourself from the top ten online scams. PPA also distributed the article, "If a Project Sounds Too Good to Be True, It Just Might Be"  earlier this year. In addition, you can join the conversation about the latest scams on the OurPPA Forums, helping you stay informed and share information with other members.

If you have any questions, please contact csc@ppa.com (or call 800-786-6277).

Councilors play an essential and integral role in Professional Photographers of America (PPA), representing PPA at state meetings and conventions, encouraging participation and membership in PPA, and acting as the liaison between their state members and PPA.

You have until June 15, 2009 to vote; however, we encourage you to vote as soon as possible. Voting members can cast their ballots online here.

Read the complete story here.