Category Archives: PACA

PACA is Pleased to Welcome our Newest Members

We are excited to receive these new companies into our membership. Please reach out and help acknowledge our new members.  Just one call from an existing member can really help them feel welcome.

Corporate:

PhotoShelter

PhotoShelter helps people and organizations who are passionate about their photos do more with them. From creating beautiful websites and securely backing up their best images to building an audience and selling photos online, PhotoShelter is trusted by over 80,000 enthusiasts, freelancers, and established pros worldwide. What sets us apart are over 100 professional-grade features and cutting-edge technology that we’ve evolved with photographers in mind since 2005. With PhotoShelter, any photographer can take their online presence to the next level — and get back to doing the shooting they love to do.

Phone: 212/206-0808
Email: amy@photoshelter.com
Website: www.photoshelter.com

General Members:

GraphicaArtis

GraphicaArtis is one of the mostly highly curated, visually compelling collections of vintage graphics and fine art available for licensing. Its thousands of works are relevant to both the commercial and editorial markets, and are of the highest visual and technical quality. Images are carefully selected by editors with decades of licensing experience, giving GraphicaArtis the licensing potential of a collection many times its size.

Works include a wide range of visual media – pop graphics of the 40s and 50s, antique prints and posters of the 19th and 20th centuries, vintage photography, historical subjects, and fine art from all periods. Decades in the making, the collection features work from dozens of sources, and continues to grow monthly.

Phone: 206/999-3204
Email: graphicaartis@gmail.com
Website: www.graphicaartis.com                                                                                                         B2B Contact: Sue Hartke, graphicaartis@gmail.com

Griffin Museum of Photography

A nonprofit organization dedicated solely to the art of photography. Through our many exhibitions, programs and lectures, we strive to encourage a broader understanding and appreciation of the visual, emotional and social impact of photographic art. The museum maintains the archive of our founder Arthur Griffin.

Phone: 781-729-1158
Email: paula@griffinmuseum.org
Website: www.griffinmuseum.org

Sandra G Arts & Photography

Sandra is primarily a Nature & Architectural photographer who captures images of quiet and serene places that provide a feeling of calm, peace, and solace; or mystery and intrigue.

Based off her life experiences and beliefs, Sandra feels, people need a quiet and peaceful place to go in order to remain balanced and focused. Her images take you to those places without leaving the comfort of your home or even your workplace.

Phone: 904-673-6154
Email: sandrag8506@aol.com
Website: http://sandrag.smugmug.com

Sell to Designers spending $15,000 a year on Stock Photography!

We’re selling out of tables for HOW’s Stock Photo Expo. Sign up now to make sure you get your spot at the 2014 HOW Design Live Conference.

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The Stock Photo Expo at the HOW Design Live Conference is the single best way for you to sell DIRECTLY to 3,200+ design professionals—and it’s the most effective use of your 2014 marketing budget.

EACH ATTENDEE SPENDS AN AVERAGE OF $15,000 ANNUALLY ON STOCK PHOTOS!

STOCK PHOTO EXPO                                                                                                                               Tuesday, May 13 • 8:30 AM – 6:30 PM

Join us for the Stock Photo Expo, presented in conjunction with PACA! HOW Design Live Conference attendees (including attendees from The Dieline Packaging Design Conference, the In-House Managers Conference, The Creative Freelancer Conference and The Leadership Conference) will visit your table throughout the day providing ample opportunity for them to interact with you.

EXPO EXHIBITORS RECEIVE:

• a table and two chairs on which to display materials from 8:30 am to 6:30 pm in the HOW Design Live Conference registration foyer.
• Electricity and Internet service are available for an additional fee.

***SPECIAL OFFER for PACA Members: As a member of PACA, you can participate in the Stock Photo Expo for just $1,500! Saving $350!

No other event brings together this many experienced, influential buyers of stock photography. In fact, 73% of our 2014 attendees have never been to a HOW Design Conference before. And for 72% of attendees, this is the only event they will attend this year!

There’s no time to wait—space is starting to sell out!

For more information on exhibiting at the 2014 HOW Conference Stock Photo Expo in Boston, contact Elayne Brink Recupero at 267-247-5874 or elaynerecupero@gmail.com.

Image Embedding

PACA’s mission has always been to support a healthy and sustainable market for licensing the use of photographic images, as well as to encourage and support innovative ways for photography to be legally used in the rapidly changing marketplace.  Clearly, models for licensing of photography have had a difficult time keeping pace with changes brought on by the Internet, social media, and the blogosphere.

Recently, Getty Images announced embedding technology that they believe can address a significant source of unauthorized use.  Getty Images’ embedding technology allows the free use of millions of images for “non-commercial” use by bloggers and other editorial websites.  While it is too early to forecast the impact of this new offering from Getty Images or other similar embedding technologies from Stipple, IMGembed, and others, PACA recognizes the need for new approaches to address the proliferation of infringing uses.

PACA believes from the perspective of the industry and photographer communities that there are intriguing opportunities as well as significant concerns from embedding technologies.  These technologies could potentially reduce infringing uses as well as generate new revenue for copyright holders, but there are still many questions to be answered including Getty Images’ definition of “non-commercial use” which appears to allow, not only use in personal blogs and websites, but also in a broader editorial context.  Also unclear is how any revenue from advertising or data monetization will be shared with copyright holders.  PACA also believes it is important for the industry to understand how Getty Images will enforce its terms of service, and what other benefits photographers would derive from the extension of free use.

As businesses explore new solutions to the rapid and revolutionary changes in the way people consume media,  PACA believes its role is more critical than ever to represent our collective interest in protecting the rights of content owners, in refining copyright law, and in educating creators and users in support of an ethical and sustainable marketplace.  As a forum and industry body, PACA will continue to support and promote a dialog around image embedding and other new business models.

United States Court Of Appeals Decision For Copyright Registration

After many years, the Ninth Circuit finally entered a decision in the Alaska Stock, LLC v. Houghton Mifflin Harcourt Publishing Company case.  Reversing the district court’s dismissal of Alaska Stock’s copyright infringement claim, the court definitively held that Alaska Stock had “successfully registered the copyright both to its collections and to the individual images contained therein” despite the fact that the name of the photographer and title of each component work was not included in the registration.

In doing so, the Court gave deference to the long-standing Copyright Office registration procedures that had been created in 1995 in conjunction with PACA.  Further, the Court specifically rejected the decisions in other courts that refuse to honor registrations because they fail to name all of the photographers and titles of each photograph in a collective work.

It is clear that the Ninth Circuit understood the repercussions of its decision.  In conclusion, the Court stated:

We are not performing a mere verbal, abstract task when we construe the Copyright Act. We are affecting the fortunes of people, many of whose fortunes are small. The stock agencies through their trade association worked out what they should do to register images with the Register of Copyrights, the Copyright Office established a clear procedure and the stock agencies followed it. The Copyright Office has maintained its procedure for three decades, spanning multiple administrations. The livelihoods of photographers and stock agencies have long been founded on their compliance with the Register’s reasonable interpretation of the statute. Their reliance upon a reasonable and longstanding administrative interpretation should be honored. Denying the fruits of reliance by citizens on a longstanding administrative practice reasonably construing a statute is unjust.

Visual Connections Interview with Cathy Aron, PACA Executive Director

Courtesy of Visual Connections.  Originally published on Visual Connection’s Blog: http://www.visualconnections.com/blog

Michael Masterson and I ( Ellen Herbert) were speaking about the history of our industry. Again and again, one name came up as a leader and advocate for all things stock photography. And as a result, I asked Michael to interview Cathy Aron.

Cathy Aron has been the Executive Director of PACA, the Digital Licensing Media Association, since 2006. Prior to that she was a longtime member as well as the president. Her involvement in the image industry goes back to her childhood – literally. Cathy and I talked recently about her background and where she sees PACA and the industry today.

Michael Masterson: You basically grew up in this industry. Tell me about your father and how he, and later you, got involved.

Cathy Aron: Actually, my father, Nat Harrison, was a jeweler, but he was a frustrated photographer and had done photography during the war and after. He even had a dark room built at the back of our house. When he and my mother started traveling around the world, he took photos and would do slide shows at schools. When he needed fill-in and title slide images he used a place called Wolfe Worldwide Films in Santa Monica. They specialized in selling duplicate slides inexpensively to schools and individuals.  In 1978, WWF was for sale and my dad decided to buy it for something to do in his retirement (which was a few years off) and he asked if I wanted to run it. I was raising my children at the time, looking at for a part-time something to do. So I traveled to Santa Monica everyday from Mission Viejo (about 60 miles and in California that can be forever!) for a few months learning the photography business before moving it to Mission Viejo. A few months after we took over the business, my dad suddenly passed away at 60 leaving a mortgage on WWF, a jewelry business, and a devastated family. I didn’t want my mom to be burdened with the business loan, so I took over WWF and realized that there was something else that you could do with the originals and I began learning all I could about the stock photo end of the business.

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Michael: You had your own agency, Photo Network, for a long time. How did it get started?

Cathy: I found a partner, Gerry McDonald, who knew more than I did about the rights management part of the business and together we formed Photo Network. We built a nice general stock agency. She had a collection of images from a multimedia company called Pix Productions she and her husband had plus I had the travel images from WWF. Then we began representing photographers, selling mainly to ad agencies and developers. My partner died after about fifteen years, but I continued with Photo Network for 27 years.

Michael: You came to PACA at a very turbulent time in its history. How did you become the executive director?

Cathy: I was president of PACA after we fired our executive director in 2002. We realized she had embezzled a lot of money from the association. So, for two years I served as the president without an ED. It was a tough time for the organization but also an amazing time as everyone pitched in to save PACA, both monetarily and with their time and efforts.  It did, however, take an incredible amount of time from my business. When it was feasible to hire an executive director again, I had just made the decision to sell Photo Network, so I applied for the job along with many others and was lucky to get it.

Michael: What are some of the things you’re proudest of during your time as ED at PACA?

Cathy: One would certainly be the organization, with Cathy Sachs, then executive director of ASPP, of the associations group. It was originally over the proposed Orphan Works Legislation, but we still continue to meet today. When we brought everyone together back in 2006 (I think that’s right) it was the first time we had gathered all the visual arts associations together in one room to discuss mutual interests. The participation and co-operative outreach of this group has enabled us to gain much more impact that each association would have individually. We have worked together on amicus briefs, statements for the copyright office and lobbying to the congress for legislation favorable to our industry.

I’m also very proud of pacaSearch that is the one benefit of our organization which directly benefits the business of our members. It’s the mega search engine that helps to level the playing field between large and small agencies allowing buyers to find the library that has the best images for theirs needs. It’s free to all PACA members. A recent survey by Visual Steam showed it came in as the fifth most-used site for buyers.

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It’s also been wonderful working with Nancy Wolff and getting a much broader understanding of all the copyright issues and knowing that we have the best possible representation with her at the helm. Her expertise and standing in the copyright community gives PACA it’s best chance to make an impact.

 Michael: What are some other PACA highlights during your tenure?

Cathy: Our PACA Conferences would be definite highlights. We have had some amazing meetings over the last few years and we’ve provided our members with excellent opportunities to learn and grow their businesses with the information provided at these events. Moving out of a hotel last year and teaming up with Visual Connections has given a new spark to the meeting and we are looking forward to even more exciting innovations this year.

Our efforts in copyright education and outreach to schools and the community have and remain a priority for PACA.  Colleges and universities throughout the country as well as many high schools use our Power Point presentation.

Also, our efforts with the publishers to work on contracts that are equitable to both sides was rewarded this year with a contract with Cengage that we feel has great language and terms for agencies.

It’s also been great getting new people involved in the industry. I have always been a firm believer that you get back more than you give.

Michael: What issues is PACA addressing right now and what other major industry issues do you see?

Cathy: We’re still on top of the copyright office’s debate on a Copyright Small Claims.  This is a vital discussion for the industry and we’ve responded to the Copyright Office’s three requests for comments on remedies with many of our suggestions included in their report.

We are also a complainant in the ASMP vs. Google Books case.  We will be part of an amicus brief for the Authors Guild appeal vs. Google Books. We are working right now on Patent Trolling and engaging the agencies that have been sued by Uniloc.  This is a very serious problem for our members and non-members alike and we are actively perusing ways to help them collectively find materials to fight these claims.

I think that piracy and copyright infringement continue to be the biggest issues facing our industry. Upholding copyright is the biggest challenge to all of us.

Michael: The organization has changed like so many other industry trade associations. Talk about the challenges it’s facing and how you and your board are dealing with them.

Cathy: Buy-outs and consolidations have been the biggest challenges to PACA in the last 5-10 years. Our association has definitely felt the impact of the closure of many of the smaller agencies. Newer tech companies don’t always feel the value of an association, but the board is trying to reach out to the newer players and give them benefits that will appeal to them. The issues that face our industry will impact all the people in the industry, no matter what their structure is, so it is important that we work together to protect copyright or there will be no business.

Michael: One last question. As someone who obviously loves photography, if you could choose one photograph to hang in your living room, what would it be?

Cathy: This is an impossible question. As Ron [Cathy’s husband] will tell you, I have a very eclectic taste in art. I love the photographs of Ansel Adams and Arnold Newman, Annie Leibowitz, Art Wolff, etc., etc.  But I’m also drawn to the work of new artists.  I love beautiful scenics and graphic black and whites. I could never choose just one!

(c) Christina Gandolfo

© Christina Gandolfo

More about PACA here: pacaoffice.org

Cathy can be reached here: execdirector@pacaoffice.org

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Michael Masterson has a broad range of experience in marketing, business development, strategic planning, contact negotiations and recruiting in the photography, graphic design and publishing industries. In addition to his long experience at the Workbook and Workbookstock, Masterson owned and was creative director of his own graphic design firm for several years. Masterson has been a speaker or panelist at industry events such as Seybold, PhotoPlus Expo, Visual Connections and the Picture Archive Council of America (PACA) national conference. He is past national president of the American Society of Picture Professionals (ASPP). He currently heads Masterson Consulting, working on projects ranging from business development for creative companies and sourcing talent for them to promoting and marketing industry events as well as providing resume and professional profile services for job-seekers. He can be reached at michaeldmasterson@gmail.com.

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The Photo Industry Loses One of Its Icons

PACA Joins the staff of Grant Heilman Photography in mourning the death of their  founder

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Grant Heilman passed away on Tuesday, February 25 at his home in Buena Vista, Colorado, following a brief illness.  He was born in 1919, in Tarentum, Pennsylvania.  He had a wonderful small town bringing up, and loved small town living his entire life.  He could stand large cities for as much as a week at a time.

He attended the Academy of the New Church in Bryn Athyn, Pennsylvania, and then Swarthmore College, from which he graduated in 1941.  He remained a supporter of Swarthmore during his lifetime, and felt they had given him a wonderful education and lifelong friends. 
His education was furthered through military service in World War II.  He was drafted as a private in September of 1941, was demobilized as a Captain in November of 1945, spending almost four years overseas.  After Pearl Harbor he talked the Army’s Counter Intelligence Corps into accepting him as a Special Agent.  From then on he was sometimes in uniform, sometimes in civilian clothes.  Shipped to England in June of 1942, he worked mostly in London, partly as a liaison officer with Scotland Yard.

He went to Algeria, North Africa, in the invasion of November 1942 and eventually became Detachment Commander of the CIC operation in Oran, Algeria.  Most of his work gradually became acting as liaison with the French civilian and military counter intelligence forces.  With the invasion of southern France he moved to the Counter Intelligence staff of the Sixth Army Group, and his work there, again, was mostly as liaison with the First French Army’s counter intelligence, which had come from Algeria to France. 
His most publicized activity in France was in early 1945, heading up a team of French and American counter intelligence agents ordered to recover America’s most secret cipher machine, the SIGABA—and to find out who had stolen it.  It had been stolen from the U.S. Army’s 28th division near Colmar, in Alsace.  The story of its recovery has been widely written up over the years, though who was really responsible for its theft has never been told.  Grant was awarded both the American 
Bronze Star and the French Croix de Guerre for his work on the missing SIGABA.  He was also made an honorary Private First Class in the French Foreign Legion while he was in Algeria.  He finished his military career doing staff counter intelligence work at the US Group Control Council in Berlin, where he continued liaison with the French and the British counter intelligence and, when they could be found, the Russians.

Following his military service he returned to Pennsylvania, where he had grown up, decided he’d had enough of intrigue and avoided going into the fledgling CIA, which many of his fellow counter intelligence agents continued their careers in.

In 1946 he married Marjorie Mapel, a sculptor, print maker, and industrial designer. He started work as a magazine journalist, gradually specializing in agricultural subjects, doing both writing and photography.  In 1948, he founded the photographic stock agency that still bears his name and is located in Lititz, Pennsylvania.  He lived in Lititz for thirty years, becoming a devoted advocate for conservation and preservation of open space. Grant was a Nationally known and respected photographer covering the Country taking photos of our lands. Grant believed in and was an active supporter of the photographic and agriculture community and industry organizations having two National Presidents of the PACA (Picture Archive Council of America trade association) on staff.  He was involved in the National AgriMarketing Association, America Agricultural Editors Association, The Agriculture Relations Council, American Society of Picture Professionals, American Society of Magazine Photographers and many others. He retired as CEO from Grant Heilman Photography in 2011. His writing or photographs have appeared in almost every publication, and in dozens of textbooks.  He has authored, both text and photographs, a number of books, best known of which are Farm Town and Farm. In 2012 he self published a western novel, Krieger. 
He and Marjorie had one child, Hans, born in 1957.  Marjorie died in 1961.  Grant married a Swarthmore College classmate, Barbara Whipple, who was also a printmaker and field editor of American. Artist Magazine   Barbara and Grant moved from Lititz, Pennsylvania, to Buena Vista, Colorado, in 1976 and lived together there until Barbara’s death in 1989.

In 1994 Grant married Conrad W. Nelson, a neighbor and longtime friend from Pennsylvania, and she moved to Buena Vista.  Conrad is also a printmaker, photographer, and community leader. 
Obviously, during his lifetime, Grant learned a lot about, had a great interest in, and loved, art.  With Barbara Whipple he was one of the founders of the Chaffee County Council on the Arts. After Barbara Whipple’s death in 1989 most of their collection of prints and paintings was given to the Colorado Springs Fine Arts Center.

He had a longtime interest in land use planning, enjoyed hiking and the outdoors, particularly in studying and improving the forest that surrounded his and Conrad Nelson’s home west of Buena Vista. 
Above all, he just had a great time being involved in small town activities, and Buenie, with all its wonders and all its problems, remained the ultimate small town that suited him well.  He found fun in going to the Post Office every morning, getting lunch at Punky’s, going out to the college, and being fortunate to be able to have helped fund everything from the Clinic, to the schools, to the Barbara Whipple Trail, and to a lot of small activities that no one but the recipients know about.

He is survived by his wife, Conrad Nelson; his son, Hans, a granddaughter Jorie Beth, and two step daughters, Kate Schilling, of Silver City, New Mexico, and Chris Schilling, of Boise, Idaho. 
Contributions may be made to Hospice, Chaffee County, The Nature Conservancy of Colorado.  Private cremation was held.  Service to be held at a later date.

Microsoft Responds to PACA’s Concerns

Recently, PACA sent a letter to Microsoft addressing the issues brought to our attention by Past President Rob Henson in regards to Microsoft’s Office web page “Images”.  We asked APA, ASMP, ASPP, GAG, NPPA and PPA to join our efforts.

On this webpage Microsoft prompted readers to use Bing to download images for whatever intended use they might have. Microsoft did not attempt to educate the user on copyright, use rights or even how unauthorized use of images pulled from the web might expose the user to risks.  See the entire blog here.

This week we received the following response from Microsoft:

Dear Ms. Aron:

My colleague Kate O’Sullivan asked me to contact you after receiving your letter regarding Microsoft’s Office user help page.

As you note, Microsoft has a deep respect for intellectual property rights, and a long history of working with many stock photo providers.  Microsoft frequently educates our users in plain language about copyright; see by example: http://www.microsoft.com/en-us/legal/Copyright/Default.aspx. This summer, we also implemented a feature within Bing image search that enables users to easily search and locate websites offering tens of millions of images freely available via the Creative Commons license model, and we educate users how they can legally use these Creative Commons images.

Accordingly, Microsoft believes the Office Help Webpage simply explains how our products work.  Nonetheless, as the Office Help Webpage referenced in your letter is now offline, these concerns appear moot .  We trust this resolves the issue.

Best Regards,
Dave Green
Assistant General Counsel
Copyrights & Trade Secrets Practice Group
Tel (425) 538-7325 | Cell (425) 260-9994 | Fax (425) 936-7329
Microsoft Legal and Corporate Affairs

We believe our concerns had something to do with the removal of this page!!

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The PACA Nominations and Elections Committee announces final call for nominees for the 2014 to 2016 PACA Board of Directors

If you have been thinking about nominating someone or volunteering yourself, this is your final opportunity. The eight positions open for the 2014 – 2016 Board slate are – President, Vice President, Secretary, Treasurer and four (4) Officers-at-Large.

The call for Nominations and Elections closes at 11:59 p.m. EST, Friday, January 31, 2014.

Participating on the Board of Directors enables you to lend your leadership and vision to the PACA community and to contribute to defining its path forward.  The PACA Board’s obligation to its members is to govern the organization and to forward its mission:  To promote and protect the interests of the media licensing community through advocacy, education and communications.

Eligibility: Any member of PACA in good standing may nominate themselves or fellow members to serve on the PACA Board of Directors providing they meet the requirements as established in the PACA Bylaws.

Only complete nominations will go before the Nominations and Elections Committee for consideration. If you would like to nominate another individual to serve, email the Nominations and Elections Committee the name of the nominee along with their contact information and reason for nomination. The Nominations and Elections committee shall verify the eligibility of all nominees. Individuals so nominated shall have given prior consent to said nomination and election as an officer.

To gain a better understanding of the roles and responsibilities of being a member of the PACA Board of Directors as well as the specific positions that are open on the 2014 PACA Board, please visit the PACA website at www.pacaoffice.org/bylaws.shtml for roles and descriptions.  The following positions are open for nominations:

  • PACA President
  • PACA Vice President, Secretary, Treasurer
  • PACA Officer-at-large    (4) positions available

Should you have any questions, please contact Sonia Wasco – PACA Nominations and Elections Committee Chair at 717-626-0296 or nominations@PACAoffice.org

Request for prior art to help defeat Uniloc Patent Claim

By Nancy Wolff Esq., PACA Counsel

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On December 10, 2013, the patent troll Uniloc filed ten new patent infringement actions against image licensing companies based on United States patent 7, 099, 849 entitled INTEGRATED MEDIA MANAGEMENT AND RIGHTS DISTRIBUTION APPARATUS. The invention is described in a broad and ambiguous manner, which has enabled Uniloc to sue many companies that offer digital license in copyrighted content.  The patent summary describes the “invention”  as an integrated rights management and licensing system for storing, researching, buying, and selling intellectual property rights.” It was written with the film industry in mind, where one film will have multiple rights owners. As further described in the summary, the invention utilizes a rights owner application, a central repository, and a licensing application to integrate the management, researching and licensing of intellectual property. The patent contemplates that a request to license will be sent back to rights owner to determine if the rights can be granted and then negotiated.

PACA would like to assist in helping the companies that have been sued and their respective attorneys defeat this patent if possible.

One way to defeat a patent is to show that the process used by the image licensing industry is not infringing because it is not the same “invention” or process. While I am not a patent attorney, it appears from my read that the process of online licensing of images is not conducted in the same manner as outlined in the patent . But that is for a patent expert to review.

The other way to defeat a patent is to show that it is not novel an the process or invention is obvious because it only builds on what already was being done in the market. In patent speak this is called “prior art”.

This is where industry knowledge may be very effective. PACA would like to assist the industry in looking for companies that may have had databases where one could search for rights owner information and potentially license copyrighted work that existed prior to the filing of the invention and ideally one year before the invention was filed. The patent was granted in 2006 but the initial provisional patent was filed December 28, 2000. Ideally, if anyone has information about databases that search for rights owners for licensing purposes that existed prior to December 28, 1999 it would be very helpful in defeating this patent.

The more the industry can share information, the less expensive the patent will be to fight for all the individual parties. If anyone has any information or knows of databases that might be considered prior art for purposes of defeating a patent please contact Nancy Wolff nwolff@cdas.com as PACA Counsel.  We will make sure that his information is passed along to attorney’s representing the various parties.

Previously, the industry, thanks to Corbis and Getty Images cooperating in defending a patent claim, was able to defeat a similarly over broad patent, known as the Freeny patent.  Hopefully our cooperation will be a sign to patent trolls that the industry will fight them and may discourage others.