Category Archives: Digital Media Licensing Association

SmartFrame, New DMLA Corporate Sponsor, Asks if Technology can Fight Technology

The biggest discussions and debates at the recent CEPIC Congress where centred around Google and our industrys efforts to overcome its dominance on search, and the negative impact it’s having on our on-line licensing and copyright preservation. We also explored emerging revenue opportunities and what the future holds for our industry.

Conversations naturally focussed on legal and lobbying efforts made by industry bodies such as CEPIC, DMLA and BVPA in this area, but we also wanted to highlight to members an emerging technology solution called the SmartFrame, that solves many of the issues discussed in our seminars. Read the entire article here.

DMLA Joins Opposition to NY State Right of Publicity Bill

DMLA recently joined many stakeholders in an urgent last minute push to oppose an amendment to New York State’s right of privacy statute, converting it to a right of publicity (Assembly Bill A08155 and Senate 5857-A) that would have granted a broad and ambiguous descendible right of publicity to anyone for 40 years after death, regardless of whether the person was domiciled in New York.

The media was particularly concerned as it looked like this bill had potential to pass before the end of the legislative session last week and the language would have had a severe impact on many forms of expressive speech, including the display and sale of prints and the licensing of photographs, video and other forms of visual art. DMLA prepared a memorandum in opposition and together with many law professors, media associations and individual companies (such as Getty Images and Shutterstock) signed on to full page advertisement published in the Albany newspaper urging the legislature to reject the bill as an attack on the First Amendment DMLA, and member Getty Images joined the lobbying efforts of the New York New Publishers Association and hired their lobbyist to work on this slowing down this bill. Last Tuesday Nancy Wolff, joined by Terry Byford and Eric Rachlis of Getty Images, joined other stakeholders at the State House in Albany New York to ask the legislature to slow the bill down right and get it right so it won’t hurt photographers, image library, and the media companies, many of whom are in New York, who use their services.

In the end the legislature in both houses did not bring the bill to the floor to vote before the end of session last week but its sponsors made it clear that they want to work with stakeholders to create an acceptable descendible right of publicity bill to be voted on in the near future.

Our thanks to Getty Images for hiring a lobbyist to work on this legislation in New York which permitted DMLA to be represented by a lobbyist as well. If any other members would be able to contribute to this lobbying effort and share the costs, please contact Nancy Wolff for further information.

DMLA plans to continue to be involved in any legislation that deprives a photographers or film owner’s right to display their property and copyright interest in their still and motion images.

You can see the other papers submitted here and here.

DMLA MEMORANDUM IN OPPOSITION

 

June 6, 2017

DMLA MEMORANDUM IN OPPOSITION, 

Assembly Bill No. A08155 

The Digital Media Licensing Association (“DMLA”), strongly opposes A.08155, amending New York State’s civil rights law Section 50/51, which for 110 years has protected the first amendment rights of creators and the press to use visual imagery except for the limited purposes of advertising and trade. This amendment grants a broad and ambiguous descendible right of publicity to anyone for 40 years after death, regardless of whether the person was domiciled in New York.

About DMLA 

DMLA is a trade association representing the interests of entities who license still and motion images to the media, among many other users. Its members represent the interests of thousands of photographers/videographers and the copyrights in millions of images by aggregating images on line and making them searchable and available for licensing. New York is home to many of DMLA’s members, including leading visual image providers such as Getty Images and Shutterstock, and all members, regardless of location or size, serve a crucial role in supplying publishers, media companies and advertisers located within New York with imagery that reflects our world, art and culture.

Harm to Image Licensing Industry, Media and Public 

This proposed amendment will cause real economic and social harm to the image licensing industry (a multi-billion dollar industry worldwide) and the industries it serves and result in meritless litigation.

  •  . Amendment unconstitutionally deprives photographers and film owners the right to display and exploit their property and copyright interests in their still and motion images. Bill does not unambiguously protect the ability to display and offer images for licensing using standard industry licensing terms that requires user to determine if permission is needed. 

Example: Corbis Corporation, an image library was sued two times under the California right of publicity law, for merely displaying images for potential licensing and sale in accordance with industry standard online licensing agreements.. See Jones v. Corbis Corp.https://www.courtlistener.com/opinion/2176763/jones-v-corbis-corp/ and Alberghetti v Corbis Corp https://www.courtlistener.com/opinion/2542614/alberghetti-v-corbis-corp/.

  •  Amendment does not ambiguously permit photographers and their representatives to distribute and sell prints in violation of federal copyright law. Current NY law has been interpreted by NY Courts to permit the sale of prints as expressive works with full first amendment protection without consent of the subject. 

Example Lawsuit filed in California against print on demand company for providing sports images to consumers alleging violation of CA ROP law. Maloney v. T3Media, Inc., 94 COWAN, DEBAETS, ABRAHAMS & SHEPPARD LLP PAGE 2

F.Supp.3d 1128 (2015). The 9th Circuit ultimately found CA ROP law was preempted by federal copyright act where the photograph is the product itself , http://caselaw.findlaw.com/us-9th-circuit/1855434.html). Note NY does not have an anti-SLAPP statute to prevent such frivolous suits.

In contrast New York privacy law has been interpreted to permit the sale of prints. (Foster v Svenson) http://www.courts.state.ny.us/reporter/3dseries/2015/2015_03068.htm

  •  Amendment limits the types of exempt uses to the same outdated 20th Century uses listed in the 1980s California right of publicity statute. The exempt uses exclude all the innovative apps, podcasts and interactive virtual reality platforms which use visual images to educate and inform the public and there is no broad language that protects yet unknown expressive uses.

Concern: New York, as the center of the media industry, has always erred in favor of protecting the First Amendment rights of those who own, license and publish images. To substantially expand the breadth of New York’s statutory right of publicity without clear exemptions for all expressive uses will have a crippling and chilling effect on expressive speech.

For the above stated reasons, the members of DMLA strongly oppose 08155 in its current form.

Respectfully,

Nancy E Wolff

Counsel to DMLA, Digital Media Licensing Association

PICHA Stock – Do you speak Swahili?

New in 2017, we are highlighting various DMLA members to give insight into their businesses with Member Profiles.  Visual Connections recently ran this amazing article on one of our members,  Josiane Faubert of PICHA Stock.  We thank VC for allowing us to repost their work and bring you an insight into one of our newest members. Josiane will be speaking at the DMLA 2017 Conference in October with a DMLA Talk.  Read the entire article here.

PICHA – Do you speak Swahili?

New in 2017, we are highlighting various DMLA members to give insight into their businesses with Member Profiles.  Visual Connections recently ran this amazing article on one of our members,  Josiane Faubert of PICHA Stock.  We thank VC for allowing us to repost their work and bring you an insight into one of our newest members. Josiane will be speaking at the DMLA 2017 Conference in October with a DMLA Talk.

©DudefromSA @PICHA

Diversity and Authenticity – the need to have visual media accurately reflect the world has perhaps never been so urgent and necessary. Tell us about yourself and how PICHA Stock came to be:
 
PICHA, is a RF stock photo library specialized in Africa. I started PICHA in 2014 because I felt we needed better representation of Africa in this industry. I am from Gabon and from France and I was always frustrated when trying to find contemporary images of Africans, so I started PICHA with my own collection and now we have contributors from South Africa, Kenya, Ghana and Morocco. My goal is to be able to get contributors from all over Africa.

What is your process for sourcing and working with your photographers to create relevant imagery? Are they exclusively from Africa or do you work with photographers internationally?

We work with photographers internationally, although our sourcing efforts are dedicated to photographers on the African continent. We get a lot of referrals, people who refer photographers they know/love, and we also scout social media a lot to see what people are producing. Word of mouth and social media are key for us.

There is also an investment in time educating on what works and what is relevant in the stock industry.

©JFP @PICHA

The RF business model is certainly the prevailing and most popular at the moment. Sustaining and growing business with lower price points has got to be a challenge – Where do you see PICHA Stock in the market place and how do you plan to firmly establish the collection?

Finding the right balance is a big challenge. The RF model makes things easier for buyers and is becoming the norm. Surviving in this market means finding ways to differentiate yourself. PICHA is very different, we focus exclusively on Africa. Our goal is to show Africa in many ways, especially the modern Africa. PICHA has been growing and buyers especially in Africa are starting to embrace PICHA too.

Distribution is such a vital cornerstone for any collection – what are your plans for reaching markets outside Africa?

PICHA is very careful with other channels of distribution. We have been talking with a few other agencies but we value agencies who can really see PICHA’s collection with real added value, and not just another source for more photos. We are testing a few partnerships at the moment.

Tell us about some of your favorite photos in the collection.

Recently we showcased a few photos for Valentine’s Day and they were quite funny, people’s engagement on social media during valentine’s day quite high.

I am normally fond of images that depict ‘everyday workers’, people who have small shops or who sell on the street. I feel like everyday workers are the soul of any city.

©Adama Traore @PICHA

How long have you been a DMLA member and what has your experience been like so far?

I have been a member of DMLA for a year now and it has been great. DMLA provides many resources and as a small agency, I am really thankful for this, especially the legal resources. The icing on the cake with DMLA is the conference where I’ve been able to meet and learn from great people.

What else would you like the readers to know about PICHA Stock?

PICHA means ‘image’ in Swahili and it is a collection of warm and rich photos of Africa. PICHA is very young and very dynamic. If you are looking for something original and out of the ordinary, PICHA is the site to check.

Thank you Visual Connections!

***

A Note from the President

Hi members,

I wanted to give you all a quick update on the board composition at DMLA.  The board members recently unanimously approved a request from Geoff Cannon for a temporary leave of absence.  I will be serving as acting president during this period.

 

Cathy, the Board, and myself are excited to continue the progress of the organization and our annual conference in October.

 

For any questions, please don’t hesitate to contact me or Cathy.

 

Sincerely,
Andy Yang, CEO 500px
Acting DMLA President

DMLA Webinar: Movement to Video & Mixed Media

 

WEBINAR

“The Movement to Video & Mixed Media Marketing”

When: Wednesday, May 17, 2017, 1 PM Eastern

Moderated By: Leslie Hughes, Visual Steam

“If a picture is worth 1000 words, video is worth 10000 words, literally.” The next DMLA webinar will explore the movement to video and mixed media online. What does it mean for content licensing, growing your business, the still photo business? The predictions are staggering—but will they be realized?

*According to a report by Cisco, 80% of all content viewed online will include video by 2019.

Leslie Hughes will moderate a conversation about the movement to motion, what it means, how brands are implementing video and using stills in mixed media projects.We will get perspectives from the creator of Pixeldot, Luke Taylor. Natalie Lloyd, also from Pixeldot, will join us as a brand strategist. We will also hear from Director/Photographer Stewart Cohen, who recently took over as CEO of Superstock.

Luke Taylor Luke Taylor

Founder/Creative Director
Pixeldot

Co-Founder of the award-winning branding agency, Pixeldot, Luke leads the creative direction of the business, embedding the practice of applying design thinking to solve business challenges into the core of every project. Entrepreneur-minded and creatively driven, Luke sees brand as the all-encompassing output of a business. As such, Pixeldot work with clients across the UK, Europe, US and Africa to unlock their potential through connecting the brand thread of their business.

Luke is also a photographer, father and Whippet owner, and an impassioned up-and-comer.

https://twitter.com/pixeldotluke
https://www.linkedin.com/in/pixeldotluke/
https://www.brandbypixel.com/


Natalie Cohen Natalie Lloyd

Brand Thinker/Strategist
Pixeldot

With a career that runs the gamut of the creative and digital industries, Natalie has been making her mark in the UK and abroad for the past decade. As Strategist at Pixeldot, Natalie draws on her experience to help businesses reach their full potential through technology. Spanning the UK, New York and Montpellier, previous roles include Director of MOHARA, a digital product studio and Curator / Producer of TEDxBrighton, with clients ranging from international banking groups to national public arts organizations.

https://twitter.com/natalie_l_lloyd/
https://www.linkedin.com/in/natalielloyd/
https://www.brandbypixel.com/


Stewart Cohen Stewart Cohen

Director/Photographer/CEO
Superstock

Canadian born Stewart Cohen is known for his subtle yet effective fashion in which he directs people, and for the enthusiasm and energy he brings to all assignments. His visual approach is honest, resonant, authentic and cinematic. He moves seamlessly between large-scale productions and smaller intimate ones keeping his visual acuity sharp.

Stewart is a founding member of Blend Images — the world’s leading multicultural commercial stock agency — and has led the Blend motion content ingestion system since 2009. In 2009 Stewart also joined a group that bought SuperStock, a royalty-free and rights-managed image collection which includes: fine art and illustration, vintage, science and technology, lifestyle and more. Stewart became the CEO of SuperStock in January 2017. .

https://www.linkedin.com/in/stewartcohen/
http://www.stewartcohen.com/
https://www.superstock.com


Stewart Cohen Leslie Hughes

President/Founder/CEO
VisualSteam and ISPY Visuals

With more than two decades of experience in digital media, Leslie Hughes’ career bridges creativity, business, content and technology. With VisualSteam, Hughes drives strategy and business development, developing insights, innovations and plans to help our clients move forward and grow their businesses. We help clients bring new products to market, new markets to products, and to communicate more effectively with their audiences. In 2016, Hughes founded iSPY Visuals, a search aggregation tool to help art buyers and photo editors more quickly and easily, find and work with visual content. iSPY launched its beta site in February 2017.

Hughes is a seasoned speaker, published writer, and visual content industry specialist. She has a passion for the ocean and spends as much time on the water as possible, boating, kayaking and swimming. Hughes is a mother, daughter, sister and women’s rights advocate.

https://twitter.com/lesliehughesny
https://www.linkedin.com/in/lesliehughesny
http://visualsteam.com
http://ispyvisuals.com

Please RSVP to info@visualsteam.com with a “Yes” or “No”

Adobe Connect

https://dmla.adobeconnect.com/r3y7a4qoycp

at 1 PM EST on May 17
select “enter as guest” and provide your name then click “enter room”

Please mute the microphone at the top.

To connect by phone dial…

855.870.5454 (toll free)
or
408.773.6768 (international)

Conference code: 163 631 9537

If you’ve not used Adobe Connect previously, we suggest logging into the session a few minutes before the start to download and configure the neccesary software.

A big thank you to Adobe for providing this service for our webinars

View our previous webinars at http://digitalmedialicensing.org/video-library.shtml

DMLAsearch

DMLA is a unique community of visual media licensing professionals who share a common goal, building a stronger and more profitable industry.

For more information contact Cathy Aron, DMLA Executive Director, cathy@digitalmedialicensing.org

DMLA Blog LinkedIn Twitter Facebook

 

The Register of Copyrights Selection & Accountability Act, H.R. 1695 Passed by the House of Representatives

The Register of Copyrights Selection and Accountability Act, H.R. 1695, was passed by the House of Representatives by a vote of 378-48 on April 26th, which would now make the Head of the Copyright Office a Presidential appointee.   This bill will also give the Copyright Office more autonomy over its budget and its technology as well as its operational procedures (staffing, fees, structure, etc.).  DMLA, as a member of the Coalition of Visual Artists, has been supporting this measure as part of our legislative priorities.  Read here.   The bill now moves onto the Senate for a vote.

“The passage of H.R. bill shows that the House of Representatives sees the importance of moving the Copyright Office into the 21st century” says Cathy Aron, Executive Director of DMLA. “It’s time to give the Copyright Office what it needs to serve the creative industries of our nation effectively.  This is a great first step.  We look to the Senate to support the bill in an equally bipartisan way”

The importance of Copyright Office reform has been a major focus of our DMLA’s legal outreach over the last few years through our written comments to the Copyright Office and our lobbying efforts through the Coalition.

A Victory for Creators and Licensors in Maloney vs T3 Ninth Circuit Decision

Maloney v. T3Media 

By Brianna Dahlberg of Cowan DeBaets Abrahams & Sheppard LLP

On April 5, 2017, in a victory for visual content creators and licensors, the Ninth Circuit affirmed the dismissal of a lawsuit brought by former college athletes alleging that T3Media had misappropriated their names and likenesses by selling licenses to photographs from the NCAA Photo Library. The Ninth Circuit held that the athletes’ claims for right of publicity and unfair competition under California law were preempted by the federal Copyright Act.

Read the entire article here.