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PPA Today: Copyright: December 2016 Archives

Copyright: December 2016 Archives

Big Day for U.S. Copyright Law and Advocacy on Capitol Hill
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Two Proposed Reforms Led by Professional Photographers of America (PPA) and Backed by Creative Rights Caucus and Visual Arts Alliance Hit the House of Representatives' Floor

by James Yates

Atlanta, GA (December 8, 2016) - Major ground was broken on two fronts in Washington D.C. in regards to long-awaited changes in U.S. copyright law. First, House Judiciary Committee Chairman Bob Goodlatte (R-Va.) and Ranking Member John Conyers, Jr. (D-Mich.) released the first policy proposal to come out of the committee's review of U.S. Copyright law.  According to a released statement, the policy proposal includes "granting the Copyright Office autonomy with respect to the Library of Congress, requiring the [U.S. Copyright] Office to maintain an up-to-date digital, searchable database of all copyrighted works and associated copyright ownership information, and many others reforms" including a small claims process for copyright infringement.  On that latter subject, the policy proposal states, "The Copyright Office should host a small claims system consistent with the report on the issue released by the Copyright Office.  The small claims system should handle low value infringement cases as well as bad faith Section 512 notices.  The Register should be given the authority to promulgate regulations to ensure that the system works efficiently."

Meanwhile, also in the House, Representative Judy Chu (D-Ca.) and Co-Sponsor Lamar Smith (R-Tx.) have introduced the "Fairness for America's Small Creators Act", a "small claims bill" that would make it possible for small business image creators (i.e. professional photographers) to take advantage of the U.S. copyright system for the first time since its inception.  This small claims bill would provide creators with an effective remedy to protect their works, and make sure that they are paid for what they produce.  The bill establishes a tribunal made of two attorneys with extensive intellectual property (IP) and/or copyright backgrounds and a third arbitrator familiar with U.S. Copyright law, who would oversee the new small claims process for infringement remedies. 

In the U.S., Copyright claims have traditionally only been allowed to be filed in person in federal court.  The "Fairness for America's Small Creators Act" allows for those whose work has been infringed to file a claim online and the corresponding hearings will be held via video conference without the requirement of an attorney.  Under the "Fairness for America's Small Creators Act", copyright claims can be filed without prior registration with the Copyright Office; However, registration must be completed before the tribunal gives their decision.  The cost for this process is set to be kept to a minimum, but is still being decided on at this time. The maximum recovery amount is set at $30,000, ensuring that small creators have a place to remedy their copyright infringements, but also preventing the tribunal process from being clogged.  Those who wish to pursue their copyright claim in federal court may still do so, and it will be noted that the parties opted out of the small claims option.

"The New Year couldn't get off to a greater start for professional photographers and other visual artists," says PPA CEO, David Trust. "These are two giant announcements. The reform of the U.S. Copyright Office, including modernization of the office and the registration processes, has been one of PPA's biggest advocacy issues over the past 10 years.  The current one-size-fits-all registration system simply doesn't work for professional photographers.  This didn't matter as much, however, because of the lack of a small claims process.  Now, in one day, we have movement on both issues.  Just as important as the introduction of Representative Chu's small claims bill, is the statement released by Chairman Goodlatte and Ranking Member Conyers.  It's an indication that they really want to get this done. December 8, 2016 will stay as a big day for U.S. Copyright Law!"

The timing, a flurry of activity all seemingly in one day, coincides with the end of this Congress's 2016 lame-duck session.  PPA will continue to work with the incoming Congress and actively engage with House members as it also mobilizes its 30,000 photographer members to reach out to their respective Representatives and lend their support to this new piece of legislation in 2017.  

About PPA:
Professional Photographers of America (PPA) is the largest international non-profit association created by professional photographers, for professional photographers. Almost as long-lived as photography itself, PPA's roots date back to 1869. It assists nearly 30,000 members through protection, education and resources for their continued and sustainable success. See how PPA helps photographers be more at PPA.com/BeMore.





By Sidra Safri
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11:45 am
Immediate update! As I am sitting here writing this, we got a call from Rep. Judy Chu's office saying they are releasing the Small Claims bill TODAY.  Another giant milestone in the fight to protect photographers! The bill will be called the Fairness for American Small Creators Act. Stay tuned for the official announcement and the ability to read the final bill! 

11:30 am
The holidays have come early for creative artists! PPA just got out of our meeting with Chairman Bob Goodlatte (R-VA) and it could not have gone better. The entire Visual Artist Coalition was able to attend the meeting, with the sole purpose of talking about the importance of small claims and our concern with the removal of Maria Pallante as the Register of Copyrights. Chairman Goodlatte agreed with us wholeheartedly and said that something needs to be done for sure. 

After talking to us for a few minutes, Chairman Goodlatte gave us some fantastic news: he has prioritized four necessary reforms for the Copyright Office... and Small Claims is on that list! This is the first time a member of the House, let alone a ranking member of the House, has come out and said that Small Claims is a priority. This is a huge win for Creative Artists! However, this does not mean that our work is done. YOU, as a creative artist, are more important to this movement than ever! 

Keep in mind this is going to be a long journey, and we're just getting started! Once the bill is introduced, we still need to go through both chambers of Congress. However, having the Chairman talking about Small Claims is a huge win, and a step in the right direction. This meeting honestly could not have gone any better. It almost seems as if Chairman Goodlatte was reading our minds! CEO David Trust, Director of Membership Kristen Hartman, and I are all celebrating on Capitol Hill! This one meeting made our trip even more worth it! We hope our other two meetings today go as well as this one. Stay tuned for more news to come!

8:00 am

By Sidra Safri 
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Yesterday, we reported on how great our Creative Caucus Briefing went. Your PPA Advocacy team can now report that the rest of the day was one success after another. The meeting with Representative Nadler (D-NY) was fantastic. During the meeting we even realized that Anne Geddes (Panelist for CRC), her husband Kel, and Rebecca Blake (Graphic Artist Guild) were all constituents of Representative Nadler! Representative Nadler has always been open to listening to why small claims legislation is necessary, but it is even better when it comes from someone who lives in his district...and we had THREE! Representative Nadler was very appreciative and wants us to keep him up-to-date about any developments on small claims. We hope that as time goes on and a bill is finally introduced, we will have the support of Representative Nadler.

After meeting with Representative Nadler, we made our way to Representative Lamar Smith's (R-TX) office. It was great to be able to touch base with him and have him talk to Anne Geddes about the importance of a small claims bill. This meeting was very productive and gave Rep. Smith direct insight into the importance of small claims copyright protection, and how both small businesses and the famously successful are impacted by infringement. We know that Representative Smith is an advocate for small business and copyright and hope that he will be ready to support the small claims bill when it is introduced!
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Today we have another action-filled day. We have four meetings back-to-back, and we are going to cover a lot of ground. Since there is so much going on, we have our friends from the Visual Arts Coalition joining us in these meetings. As the saying goes, "There is power in numbers!" If every single member of all seven organizations signed up for the Grassroots Action Team we would be 50,000 members strong! Image the impact that would have on Capitol Hill! Remember, it is now more important than ever for you to sign up and join the Grassroots Action Team and make a change!

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by Sidra Safri
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2:30 pm
We just got done with our Creative Rights Caucus event and we have to say... it was a GREAT SUCCESS! Staffers loved the opportunity to meet with our entire panel and hear about their journey through photography. Representatives Chu and Collins were present and eager to share the importance of small claims copyright protection and small business in general. Everyone who attended was extremely impressed with the event and have asked us to follow up with them in the future. We believe this event left a great impression about Small Claims with the attendees, highlighting why it is so important.

After we clean up the event, we are taking our wonderful panelists, along with other members of the Visual Arts Coalition, to an impromptu meeting with Representative Jerrold Nadler of NY. Representative Nadler is interested in hearing about Small Claims protection and why it is so important to visual artists.
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After Representative Nadler, we are meeting with Representative Lamar Smith. Since Representative Smith has always been a champion for small business and Small Claims, we have to make sure we stop by and share our appreciation with him every time we come to DC!

There is plenty going on between now and tomorrow so stay tuned! Don't forget: encourage everyone you know to sign up and lend their support to the cause of Copyright Small Claims! 
By Sidra Safri 
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12:30 pm 
PPA is back in Washington D.C. for one of the most exciting trips yet! Yesterday's summit with the Visual Arts Coalition was a great success. This Coalition is made up of seven members including American Photographic Artists (APA), American Society of Media Photographers (ASMP), Digital Media Licensing Association (DMLA), Graphic Artists Guild (GAG), National Press Photographers of America (NPPA), Photographic Licensing Universal System (PLUS) and Professional Photographers of America (PPA). This summit occurs once a year to check in on making progress for the rights of creative artists.

While there, the Coalition discussed the status of the small claims bill, and the removal of Maria Pallante as Register of Copyrights for the Library of Congress. Members of the coalition are just as upset as PPA and we all hope that some change is made to benefit the copyright office. 

During our summit we also had the opportunity to talk to Keith Kupferschmid of the Copyright Alliance and Rob Kasunic of the Copyright Office. Both meetings gave us great insight into the direction the Library of Congress is heading in and gives us plenty of hope for the success of small claims. However, we know that small claims is still going to be something we must fight for. Hearing Rob and Keith speak reminded everyone how important it is, now more than ever, to make sure you're signed up for the Grassroots Action Team and your voice can be heard!

We are getting ready for the Creative Right Caucus now, with Representatives Chu and Smith. Everyone is excited to hear Denis Reggie, Michael Grecco, and Anne Geddes speak about their journeys through photography. More updates to come soon!


By Sidra Safri 
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Your PPA Advocacy team is heading to D.C today for a very busy and exciting week, beginning with the Visual Coalition Summit tomorrow. This will give PPA an opportunity to make sure everyone in the Visual Artist Coalition is on the same page for Copyright Small Claims, and talk about a few other things important to Visual Artists.

Wednesday will be the Creative Rights Caucus event. This will give PPA the opportunity to show members on Capitol Hill the importance of Small Claims and the impact it can have on small businesses, especially those in the photography and graphic artists' world. This is also one of the few opportunities to reach the mass amount of staffers and members on Capitol Hill and share your stories. During this briefing, Anne Geddes, Denis Reggie, and Michael Grecco will share their journeys in becoming a photographer, including the education, time and investment they had to make to be where they are today. They will also touch on the importance of a small claims process for copyright protection and how it is necessary to all creative artists.

Following the CRC event we have meetings lined up to help us reinforce the necessity of small claims. These meetings will be attended by PPA and other members of the Visual Coalition. Attending these meetings in a larger number shows the importance and impact a small claims copyright bill will have.

Stay tuned throughout the week for further updates. And be sure to SIGN UP to lend your name and voice in support of our efforts to improve copyright protection for artists. 

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About this Archive

This page is a archive of entries in the Copyright category from December 2016.

Copyright: November 2016 is the previous archive.

Copyright: March 2017 is the next archive.

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