Category Archives: Education

Copyright Small Claims: A Solution for Many Creators

Since the bill Copyright Small Claims Bill, H.R. 3945,  entitled, the “Copyright Alternative in Small-Claims Enforcement Act of 2017” (the “CASE Act”) was introduced by Representative Hakeem Jeffries (D-NY), there have been many articles published in support of this important legislation. Here is a great article to help you understand why this bill is so important to our industry and to all creators.

DMLA 2017 Conference is Another Big Success

I’ve just returned home from New York and I’m feeling so grateful for your participation in this year’s DMLA Annual Conference.  Our attendance was greater than last years and I trust that you were happy to be back in Manhattan!

The conference survey has been distributed and I hope you take the time to give us your feedback on this year’s event.  Your comments are so important as we begin to prepare for next year’s meeting in Los Angeles, California.  With all the exciting new things on the West Coast in terms of media and usage we are very excited to bring DMLA out west!

First I want to give recognition to all the wonderful speakers, moderators and panelists who made the conference so compelling.

As all of you know, lots of work goes into putting on an event like the DMLA 2017 Conference and we are so privileged to work with so many talented people.  To our Program Committee led by Ophelia Chong (Stock Pot Images), Doug Dawirs (DMLA Tech Advisor), Rick Gell (Consultant), Paul Melcher (Melcher Systems), James Oh (Adobe), Andrew Rowat (Haystack), Julie Sloane (Science Source) and Sonia Wasco (Grant Heilman Photography) a huge thank you for putting together such a diverse and interesting program.

A huge thank you to Doug Dawirs for working so tirelessly both days on the AV for the sessions and making sure that everything flowed so well. And an extra thank-you to Ophelia for her design of the conference logo and the new fold-up program that I believe everyone really enjoyed having right in your name badge holder this year!!

A special thank you to Geoff Cannon, our DMLA President, for his support and guidance and to our Treasurer Chris Carey and Past President Sonia for all their extra help.

It’s almost impossible to put on a conference without the assistance of our sponsors to help with the costs and we are so grateful for their generosity.  Adobe stepped up again with the Platinum Sponsorship and provided the wonderful conference bags, the delightful opening reception and provided us with a great session.  Silver Sponsor Capture’s DMLA LIVE DAM 2017 gave everyone easy access to find people for meetings and they also sponsored the great notebooks everyone was using to take notes!  I hope you’ve checked out the site (https://dmla.capture.co.uk) since the conference to see all the great live images!

Thanks also to Cowan, DeBaets, Abrahams and Sheppards (CDAS) for sponsoring the lanyards.  To Clarifai, attending their first DMLA Conference, thanks for stepping up and sponsoring our Monday night cocktails!  Our printing was coordinated once again by Grant Heilman Photography and KeyIndia provided us with a wonderful masseuse that I hope you enjoyed.  Additional kudos to ImageRights who sponsored the photo booth at the cocktail parties (such fun) and the covered coffee cups during the day.

It was really nice this year to include more motion in our sessions and we thank both FOCAL and ACSIL for their participation and sponsorship.

And to our photographers Bjorn Bolinder (for the conference) and Jamie Ellington (for the receptions) who donated their excellent skills to our cause we are so very thankful.

And to Andrea Stern and Mary Egan from MOCA who helped me secure the sponsorships and provide all-around support for this event, a big hug and thanks!  They also have reviewed all the sessions and we will have those reviews up on the DMLA website ASAP.

Our photographers Bjorn Bolinder (for the conference) and Jamie Ellington (for the receptions) donated their excellent skills to our cause, many thanks!

Again, thanks to each of you for your support of DMLA and the conference.  I look forward to hearing your thoughts and suggestions.

If you would like to be involved in next year’s conference planning, please contact me.  cathy@digitalmedialicensing.org.    Looking forward to seeing everyone next year!

 

 

ImageRights Announces Dedicated Copyright Registration Service

ImageRights International, the global leader in copyright enforcement services for photo agencies and professional photographers, today announced the launch of a dedicated copyright registration service. For the first time, any photographer or agency can register their images with the United States Copyright Office through ImageRights highly efficient and precise copyright service. Previously, only ImageRights members had access to the service.

Read more here

Webinar: “Social Media Strategy in the Consumer Revolution!”

WEBINAR
**Please note:  This will our last free webinar available to non-DMLA members

Social Media Strategy in the Consumer Revolution!

When: Wednesday, September 20, 1 PM Eastern

The impact of social media on today’s businesses can’t be overstated. Social media is one part disruptive technology, one part communication channel.   However, understanding why and how to use social media to the benefit of your business can be tricky.  Join us for this webinar that will address core concepts for building a social media strategy; engagement, social planning, framing the conversation, metrics and much, much more.

Our Guest Speaker:  Keith Quesenberry, Author, Professor and Social Media Expert

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Keith Quesenberry is an author, advertising executive, teacher and social media expert.  He is the author of Social Media Strategy: Marketing and Advertising in the Consumer Revolution which one reviewer compared to the legendary Ogilvy on Advertising for being well written, personable and drawing interesting and timeless parallels. Quesenberry spent 17 years in the marketing and advertising business as an associate creative director and copywriter at ad agencies such as BBDO and Arnold Worldwide.  He has worked with Fortune 500 brands like Delta Airlines, Exxon Mobile, PNC, Campbell’s and Hershey. 

In addition, Quesenberry is a contributing author to Harvard Business Review, Entrepreneur, Time, and Social Media Examiner. His articles have been recognized as Top 40 Content Marketing and Top 5 Visual Marketing articles of the year, Five Most Viral Marketing Posts from the Pros, and two were featured on the Harvard Business Review Weekly Hot List. He’s made marketing expert appearances on MSNBC TV, NPR, and been quoted in Harvard Business Review, the New York Times, the New Yorker, Entrepreneur, the International Business Times, Forbes, MS Money, MSN, Fox News, Fox Business, Variety, Yahoo News and AFP stories around the world.  

Quesenberry is an assistant marketing professor, researcher and consultant. He teaches in the undergraduate marketing program and graduate MBA program at Messiah college and the graduate IMC program at West Virginia University. He also previously taught at Johns Hopkins and Temple Universities. He holds a bachelors degree in Advertising and Journalism, is a graduate of the advertising school Portfolio Center and has a master’s degree in Integrated Marketing Communication.

Twitter: @Kquesen
linkedin.com/in/keithquesenberry
kquesen1@mix.wvu.edu
Social Media Strategy Book
bit.ly/QuesenberrySM

Our Moderator: Leslie Hughes, CEO, iSPY Visuals, Strategic Advisor, VisualSteam

Leslie Hughes career bridges creativity, content and technology.  Hughes founded and launched iSPY Visuals in 2016, a search aggregation tool for creative professionals, which is quickly growing into the starting place for clients searching for visual content.  She remains a strategic advisor to VisualSteam which focuses on digital marketing services to help companies grow.  Hughes has a long history in stock photography having been President of Corbis Images during its heyday, having been Group CEO of ImageState, and having run worldwide sales for The Image Bank.  Hughes is currently a member of the Board of Directors of DMLA and Chair of this Webinar Series

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 September 20
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 athttp://digitalmedialicensing.org/video-library.shtml

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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

COURT PERMITS COPYRIGHT CLAIM TO PROCEED DESPITE ERROR IN REGISTRATION APPLICATION.

For many copyright owners, especially those attempting to register works of visual arts, determining whether a work is published or unpublished for registration purposes is one of the more challenging issues and an impediment to registration. The District Court of the Southern District of New York, in Archie MD, Inc. v. Elsevier, Inc., (No. 16-CV-6614 (JSR), 2017 WL 3601180 (S.D.N.Y. Aug. 20, 2017)) recently clarified the standard by which a copyright registration may be considered valid despite containing inaccurate information.

Read the entire article here.

COURT PERMITS COPYRIGHT CLAIM TO PROCEED DESPITE REGISTRATION ERROR

Cowan DeBaets Abrahams & Sheppard, LLP by Mikaela Gross and Nancy Wolff

For many copyright owners, especially those attempting to register works of visual arts, determining whether a work is published or unpublished for registration purposes is one of the more challenging issues and an impediment to registration. The District Court of the Southern District of New York, in Archie MD, Inc. v. Elsevier, Inc., (No. 16-CV-6614 (JSR), 2017 WL 3601180 (S.D.N.Y. Aug. 20, 2017)) recently clarified the standard by which a copyright registration may be considered valid despite containing inaccurate information.

In 2005, Archie MD, Inc. entered into an Animation License Agreement (“ALA”) with the publisher Elsevier, Inc., under which Elsevier would license Archie’s library of 3-D medical animations for use in its various publications. About two weeks after entering into the ALA, and after Archie had delivered the works to Elsevier, Archie submitted a single copyright registration application for a group of unpublished works. This registration included the work at issue in this case, an animation entitled “Cell Differentiation.” The Copyright Office eventually registered the group of works on August 15, 2005.

In 2014, Archie gave Elsevier notice that it did not intend to renew the ALA, and the ALA expired on July 1, 2015. Archie subsequently file a copyright infringement action against Elsevier, alleging that after the expiration date, Elsevier continued to use hundreds previously licensed animations under the ALA and created unauthorized derivative works.

Both parties filed motions for summary judgment, and the SDNY granted defendant Elsevier’s motion as to all but two of Elsevier’s new animations, on the grounds that Elsevier’s continued use of previously licensed animations did not constitute unauthorized use under the ALA and most of the new animations by Elsevier were not substantially similar to Archie’s animations. As to the remaining claims based on the “Cell Differentiation” animation, Elsevier contended that Archie’s copyright registration in unpublished works was invalid because the work was in fact published, and as a result, the court should dismiss Archie’s claim in its entirety. The court denied Elsevier’s motion for summary judgement as to “Cell Differentiation” on the basis that although the registration for “Cell Differentiation” contained an inaccuracy (namely that the work was unpublished, when it in fact was), this was not fatal to the registration under 17 U.S.C. § 411(b)(1).

Section 411(b)(1) of the U.S. Copyright Act explains that a certificate of registration issued by the Copyright Office satisfies the registration prerequisite for filing a copyright infringement action regardless of the existence of inaccurate information in the certificate “unless— (A) the inaccurate information was included on the application for copyright registration with knowledge that it was inaccurate; and (B) the inaccuracy of the information, if known, would have caused the Register of Copyrights to refuse registration.” To determine whether Archie’s registration failed to satisfy this prerequisite, the court had to answer two questions: first, whether or not “Cell Differentiation” was published or unpublished, and second, if it was published, whether this inaccuracy on the certificate of registration was fatal to the registration’s validity.

As to the first question, the court held that “Cell Differentiation” was in fact published when Archie licensed and delivered the file to Elsevier. Reasoning that Archie’s delivery of the “Cell Differentiation” digital file pursuant to worldwide license to, among other things, distribute “Cell Differentiation” to the public, satisfies the Copyright Act’s definition of publication under 17 U.S.C. § 101 because it constitutes an “offering to distribute copies . . . to a group of persons for purposes of further distribution.” That Elsevier had not yet made any further distributions of “Cell Differentiation” at the time the copyright registration application was filed was irrelevant, because the licensing and delivery of the files was itself an offering.

Because the certificate of registration listed “Cell Differentiation” as unpublished, the court turned to the statute to answer the second question. If an applicant knew its application contained inaccurate information, and if the Register of Copyrights would have refused registration had she known of this inaccurate information, then a subsequent registration certificate is invalid for purposes of filing a copyright infringement action. 17 U.S.C. § 411(b)(2) requires that when an inaccuracy on a certification of registration is discovered, a court must ask the Register of Copyrights “whether the inaccurate information, if known, would have caused the Register of Copyrights to refuse registration.” The Register advised the court that she would have denied the application had she known of the inaccuracy in labeling “Cell Differentiation” unpublished. The key issue was whether Archie knew of the inaccuracy. Because the question of whether licensing a work constitutes publication was “an unsettled legal question at the time” Archie filed its copyright registration application in 2005, the court reasoned that Archie did not know of the inaccuracy. As a result Archi was able to proceed on its copyright claim for the work “Cell Differentiation”.

Publication remains a thorn in copyright owner’s side. While the plaintiff in this case was not considered to have knowledge that its works were published at the time of registration, those filing registrations after the later cases clarifying what is published will no longer have the benefit of this uncertainty. Because the Copyright Office would deny registration of an application with inaccurate information as to the works’ publication status, it is highly recommended that creators register works of visual art before any licensing agreements are signed or files are delivered for further distribution. Otherwise, published works, if photographs, can be registered by the photographer under a group registration of photographs application, but published and unpublished works are still required to be filed separately. Until this requirement is revised, visual artists will continue to face impediments to successful and effortless copyright registration.

 

 

 

Copyright Alliance Welcomes DMLA

DMLA is pleased to become the latest member of the Copyright Alliance and to work with their team and with fellow members to continue promoting and protecting the interests of the media licensing community.  You can read the press release sent out by the Alliance here.

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.

Is the best way to fight technology with technology?

In our CEPIC Congress ‘Thank you’ newsletter we mentioned a few of this years very well-attended seminars. 

The biggest discussions and debates 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. 

SmartFrame were a sponsor of this year’s CEPIC Congress, indeed you may have seen their coffee cups around, met with their team, or have attended SmartFrame CEO; Rob Sewell’s seminar: “Regaining Control of your Online Images” on Friday afternoon. 

At his session, Rob demonstrated this innovative image technology that has the potential to revolutionise our industry, and addresses many of the issues discussed at this years congress. 

For those that didn’t catch that session; the SmartFrame is a patent-pending, secure, embeddable, trackable and interactive digital image format, which is looking to redefine the digital image standard in the coming months & years. 

As we all know, gaining control and properly policing image content on the Internet is long overdue, and whilst all the legal work being done is helping, it’s going to be a long and uphill battle. Rob believes that the best way to fight technology is with technology – much like anti-piracy control for audio and video content has been accomplished using technology – he believes the SmartFrame technology can do the same for the image industry.  

SmartFrame:
  • Helps to protect and raise awareness of copyright of images 
  • Drives traffic and sales back from Google
  • Can be shared & embedded in a controlled manner, always linking back to the content owner with a one click path to purchase 
  • Provides valuable business data and intelligence from wherever it is viewed
  • Offers an interactive and engaging viewing experience 
  • And provides new marketing and revenue opportunities for content owners
 

SmartFrame is starting to gain traction across a variety of verticals including the image industry, publishers, brands, fashion, online retail, property and automative sectors. 

Their API and dashboard can be integrated into any web platform or application, and SmartFrames can be updated dynamically and retrospectively wherever they have been embedded on the Internet. Further info can be found at www.smartframe.io.

One of the big challenges, and a key point of discussion at CEPIC, is the issue of Google scrapping and serving content, and the content then being consumed and shared across the internet directly from their search listings, with no attribution or clear path back to the owner. 

The SmartFrame technology mitigates this problem, as it ensures the high resolution image remains invisible to Google and web scrappers, while allowing Google to see a small unusable watermarked thumbnail, complete with a clear call to action such as “View Photo”, which then drives traffic back to the hosted platform to see the full secure SmartFrame version of the image. This has no negative impact on ranking, as you can see from this set of Google Search Results for a photographer currently using SmartFrame. The photographers images are on the first page of Google results here, and if you click to the Google Images view you’ll see the top ranking images are also SmartFrame thumbnails – all leading back to the photographers website – where the viewers can experience the SmartFrames and license the images directly or share them in a controlled manner. 

Further examples of SmartFrames with various configurations can be viewed here SmartFrame Examples

SmartFrame have a busy features release schedule coming throughout 2017. Next up will be their Tracker feature, which will allow users to view where their images have been shared and embedded and how viewers are interacting with them. Then later in the year SmartFrame users will be able to communicate and advertise to their audiences in new and targeted ways, such as affiliate advertising & product linking to sales stores, in order to generate new revenue streams for our industry, alongside boosting more direct image sales.

The SmartFrame team are also working with a reverse search engine company to find infringements, and rather than asking for infringing uses of images to be taken down, they are asking them to swap them out for SmartFrames. In this way they are not only changing the way new content is being published, but also beginning to convert historical content too, helping the content owners to develop larger audiences, greater engagement and driving more traffic back to their / or third party platforms to monetise a variety of products and services. 

Could this be the future way to protect and monetise our content and grow our industry revenues? 

SmartFrame have put together a very generous offer for all of this years CEPIC delegates – they are offering FREE integrations and 12 month’s FREE use of their Showcase, Tracker and Monetizer upgraded packages.

To book a demo and experience how this technology can help revolutionise your business please contact us directly at hello@smartframe.io or visit www.smartframe.io/request-a-demo

www.smartframe.io 

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.