Recently in Copyright Category

Did you know that PPA is actively protecting your profits?

PPA's copyright & advocacy department is always available to help answer your questions if you believe your copyright has been infringed. In addition, PPA's RECON team is hard at work ensuring that retailers aren't illegally reproducing photographer's copyrighted works.

The Retail Compliance Network (RECON) is a group of photographer "investigators" who secret shop retailers (in store and online) to see if they are compliant with copyright law. PPA uses the results of these investigations to push the retailer toward greater copyright compliance.

Louisiana photographer and PPA member since 1998, Tim Schooler recently saw first-hand how PPA's RECON program works to ensure that retail stores are enforcing photographer's copyrights.

Schooler needed some last minute prints made from a photo session with his grandson for the child's first birthday party. He ordered the prints from his local Wal-Green's.

After picking the prints up, Schooler realized that he had not been asked for any identification or verification of a release form; necessary since they were copyright-protected studio portraits.

"I wouldn't need the release since I was the photographer, but what if this had been one of my clients?" Schooler said.

The next day, Schooler contacted the manager of the Wal-Green's to ask him what the store policy was for handling printing of studio portraits.

"When I explained to him what had happened he was quite upset and said the person who printed the images and sold them to me without a release could be fired." Schooler said. In this case, the clerk that assisted him knew he was the photographer because some of her friends had come to Schooler for Senior Portraits.

The manager went on to explain that someone from PPA's RECON frequently checks on the store.

"Recently, someone from PPA was in their store printing professional images to see what they would do. He said he knew infringement was subject to huge fines and took copyright violations very seriously." Schooler said of his conversation with the manager.

"I was so impressed that PPA does this. One more reason it is worth every penny to belong to PPA." Schooler said of RECON.

Read more about RECON here. 

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.

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.

Google has proven itself to be no friend to professional photographers, and Professional Photographers of America (PPA) along with four other associations has decided it is time to go to battle against the behemoth infringer. PPA joined four other photographic trade and visual arts associations in filing a class action copyright infringement suit against Google Inc. in the U.S. District Court for the Southern District of New York.

The suit filed this morning by Mischcon de Reya New York LLP, relates to Google's illegal scanning of millions of books and other publications containing copyrighted images and displaying them to the public without regard to the rights of the visual creators whose work is represented.

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."
 

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!

Dear PPA Member,

I think the holidays make everyone just a teensy bit crazy. Don't get me wrong--I'm talking about crazy in a good way. Whether giddy with the gift-giving or rocking out with friends and family, people want to share and give tokens of love and friendship to those they adore.

No, I'm not thinking fruitcake or a Chia Pet. They want to give something special, and that means images of themselves and their families, looking their best because they've gotten a professional portrait done. By you.

Except...they don't call you for reprints or a new order. And you have a sneaking suspicion that they've gone somewhere else to get your copyrighted image reproduced. (And sometimes, instead of sneaking, your suspicion saunters boldly down the street in the form of a holiday card with the image you took scanned onto it.) What gives?

It's just that time of year when people get a teensy bit crazy, and they may forget that you own the copyright. This week's Vital Signs offers ways to politely remind your clients (and retailers) that while you love fruitcake and Chia Pets as much as everyone else, the best gift you could get this year is the gift of a print order.

Cheers,
Christel Aprigliano
Director of Member Value & Experience

If your client skips out of the studio to make some copies of a photograph on the cheap, they are not alone in the infringement. Someone okayed the reproduction order, probably without thinking twice.

So how can you help keep photo retailers educated and vigilant? PPA has a program to help with this tutelage: the Retail Compliance Network (RECON) program. But we need your help! Learn how you can get involved in RECON for the good of your business (and the industry)

Dear PPA Member,

Part of being successful in the professional photography business is simply loving what you do. It shows! You put a lot of work (and passion) into every image you take. And when that effort is seemingly disregarded by those who illegally use the image, it can hurt--and not only due to some lost revenue.

Last week, Vital Signs focused an article on ways to begin educating those who contribute to image copyright infringement. Yes, your client needs that education, but don't forget about the other parties. Think about this: if your client skips out of the studio to make some copies of the photograph on the cheap, they are not alone in the infringement. Someone okayed the reproduction order, probably without thinking twice.

So how can you help keep photo retailers educated and vigilant? PPA has a program to help with this tutelage: the Retail Compliance Network (RECON) program. This week's Vital Signs explains how this program works and how you can be a part of that combined education.

It's truly amazing what is accomplished when photographers work together--I see it every day!

Cheers,
Christel Aprigliano
Director of Membership

P.S. Don't forget about our free, member-only Webinar on Monday. Join SBA Lender Relations A/O, Lance Foster for Get the Loan You Need: Small Business Administration Loan Program.