Recently in Copyright Category

We know that many of you have been following the developments with the Stop Online Piracy Act (SOPA) and the Protect Intellectual Property Act (PIPA). There has been some confusion over the proposed legislation, which frankly is the intent of the bills' opponents. We wanted to take a moment to correct some of the bad information, and to let you know where we stand.

We were disappointed by some of the heavy-handed tactics used by opponents of the bills. The objective of those tactics was obviously to create fear and hysteria, while at the same time spreading false information about what the bills would actually accomplish. We want you to know the following:

• Both pieces of legislation (SOPA in the Senate and PIPA in the House) targeted off-shore pirating of works produced in the U.S.
• We do not feel that the measures were perfect--no legislation is. But the greater good demands that measures be taken to protect the rights of creators like you.
• It is true that those mega-corporations opposed to the bill could possibly have been inconvenienced by the legislation. It is their job to make money, and their actions merely represented those purposes.
• It is not true that the public would have been deprived of works to which it has rights, but rather, only those works that are copyrighted and being sold illegally by rogue off-shore websites.

Read the full article here.

A new, easier and more affordable copyright "people's court" that would allow copyright owners to seek damages and other relief from infringers is a concept currently being considered by the U.S. Copyright Office.

Since 2006, PPA has been advocating for an alternative dispute resolution system like this in an effort to help photographers better defend their copyrights. We have recently submitted comments to the U.S. Copyright Office, highlighting the benefits of such a system over the existing federal court process...which requires federal registration of an image, a lengthy trial in the federal courts, and the possibility of a copyright owner walking away with only a meager amount of damages.

Read the full article here.

Pay attention, photographers--changes are on the way that could affect the copyright landscape! Maria Pallante, Register of Copyrights, recently announced how the U.S. Copyright Office plans to focus its efforts over the next two years.

"PPA is pleased to see a number of its advocacy priorities now become top priorities by the copyright rulemaking body," says David Trust, PPA's chief executive officer. "We look forward to working with the Register over the next few months to ensure photographers' voices continue to be heard as proposals and proposed rule changes are released."

Read more here.

Today (June 23, 2011), professional photographers spoke out about their needs and experiences on Capitol Hill--putting a face on photographic copyrights. That's why Professional Photographers of America (PPA) and the Copyright Alliance co-hosted the "Recording Our History: Faces Behind the Camera" briefing for congressmen and their staff.

One of the three PPA members featured in conjunction with this event was renowned wedding photographer Denis Reggie, who represented the association during a panel discussion. Reggie shared not only the craftsmanship and expertise required to be a professional photographer, but also how copyright laws impact his own approach to photography and clients:

"Copyright is the backbone of the creative industries in America--it is our lifeblood. We as a people, as a society, would be far poorer were it not for the copyright protections that encourage creators to do what they do best. As a photographer, I have the opportunity to capture moments in time that will eventually define our world.  Copyright law gives me the ability to invest myself in creating the very best image possible; therefore, it is important to all of us, whether we are creating an image or viewing it."

The event was the first of many Capitol Hill briefings focusing on photography and the copyright community at large--an effort by PPA and the Copyright Alliance to educate legislators on the importance of maintaining strong copyright laws.

Read more here.

Professional Photographers of America (PPA) and the Copyright Alliance announce the creation of a new website that unites creators (including photographers like you): ArtistsAgainstDigitalTheft.com. This new site explains digital theft problems and solutions, allows you to share your stories, and provides direct links and ideas for taking action.

"As artists in every creative field are all too aware, digital theft of their work is a threat to their livelihoods," says Copyright Alliance Executive Director Sandra Aistars. "Websites trafficking in unlicensed, infringing content divert customers from legitimate online outlets, robbing creators of both incomes. Also frustrating is that chasing down all this illegal activity detracts from the ability to devote time and energy toward their work." Read more here.

Photographers need to stay focused on Capitol Hill these days, as copyright is a hot topic. In fact, two key pieces of legislation were recently introduced in the U.S. Senate in an effort to bring copyright law up to date with the advances in digital technology:

• S. 986 - The Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (The PROTECT IP Act)
• S. 978 - a bill that increases the criminal penalties associated with online copyright infringement.

"Photographers are all too familiar with digital theft," notes David Trust, PPA's chief executive officer. "Even if a client isn't misusing the image files, the mere presence of an image online increases the odds that someone can find it and steal it. While not a 'cure-all,' these new Senate bills strengthen the enforcement side of the law, creating much-needed deterrents to keep infringing hands off your work." Read more here.

A few days ago, PPA asked if (and why) you registered your images with the U.S. Copyright Office, so we could share your thoughts with those on Capitol Hill. Here is what we found from the 2,830 photographers who responded (March 24-28):

How often do you register your work with the Copyright Office?

• 2,392 (84%) of respondents said they NEVER register their work.
• 41 (1%) of respondents said they ALWAYS register.
• 324 (11%) of respondents said they OCCASIONALLY register.

Of those who always register their images:

• 210 (38%) want the additional protection offered by copyright registration.
• 111 (20%) wanted to establish their copyright ownership.
• 16 (2%) specifically registered to pursue an infringement suit.

Of those who choose not to register their work or register on a regular basis:

• 651 (25%) of respondents said they never heard about registration.
• 636 (24%) of respondents said it is too time consuming.
• 355 (13%) of respondents said it is too expensive.

These results were presented during a discussion about photographic copyright protection with Maria Pallante, Acting Register of the Copyright Office, on March 28. To read more about this meeting, check out "PPA Heads to Capitol Hill March 28-29."

To learn more about copyright registration, download the 2010 PPA Copyright Kit and watch the free Member Essentials Webinar "How to Protect and Register your Images."

Please take a moment to answer three questions in our Copyright Registration Quick Poll. Your responses will help us in our copyright efforts on Capitol Hill.

Your timely response is appreciated. This poll will close on Monday, March 28 at 12pm ET.

Dear PPA Member,

Did you know that PPA is the only photographic organization that has a full-time Copyright & Government Affairs staff? We are serious about defending the rights of photographers on Capitol Hill, especially when it comes to copyright. Your images, much like an author's words, a songwriter's music or a moviemaker's film, need to be protected because--let's face it--if you give your work away, you're not making money. And it's worse when someone steals it.

That's why PPA works hard to provide members with resources to help when copyright infringement happens. This week's Vital Signs delves a little deeper into what you need to do, what your options are and how to determine what you can do. (Here's a hint: We recommend registering your images and immediately downloading the PPA Copyright Kit, which can answer a lot of your questions.)

You can't be everywhere, but if you understand what you can do--and what you can do to prevent copyright infringement--you may be able to reach a speedy resolution if it does happen to you.

Cheers!
Christel Aprigliano
Director of Member Value & Experience

In our digital world, it is highly likely that your photographic work has fallen victim to online infringement at some time. PPA recognizes this fact and encourages Congress to provide copyright owners with a method of pursuing widespread infringers.  

In a letter to all 535 members of Congress on February 15, 2011, PPA reminds Congress of the importance of securing the Internet and developing enforcement mechanisms to address infringing websites.  The letter touts S.3084 - Combating Online Infringement and Counterfeit Act (COICA), introduced in the 111th Congress, and urges them to once again put forward legislation that will protect both creators and consumers by strengthening the laws that protect against online piracy.

Read more here.