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.
Bill would make selection process more effective and transparent and is critical to modernization of the U.S. Copyright Office
Washington, D.C. – March 29, 2017 – The Copyright Alliance applauded today’s approval of the Register of Copyrights Selection and Accountability Act (H.R. 1695), which was passed by the House Judiciary Committee, as amended, by an overwhelming majority of 27-1.
According to Copyright Alliance CEO Keith Kupferschmid, “we commend Chairman Goodlatte, Ranking Member Conyers, and all who demonstrated vigorous and expeditious backing for this important piece of legislation, enabling it to be passed through committee with tremendous bipartisan support.”
“The Register of Copyrights is an extremely important position to the U.S. economy, creativity and culture, which should be acknowledged by making the role a presidential appointee subject to Senate confirmation – just as the head of the Patent and Trademark Office and so many other senior government officials are,” Kupferschmid continued.
“Making the Register a presidential appointee as provided in H.R.1695 will not only make the selection process more effective and transparent but it’s also critical to the continued modernization of the U.S. Copyright Office. The bill enjoys widespread bipartisan support and little opposition because of the narrow and modest approach taken and the tremendous support for a more transparent process for selecting the next Register of Copyrights. We look forward to continued support for this legislation and to its passage by the House in the near future.” said Kupferschmid.
**DMLA, along with the Coalition of Visual Artists, was very active in backing this legislation. Read here
Thanks to our working relationship with CEPIC, we are kept up-to-date on the latest in the EU fight against Google. DMLA is been part of ICOMP, which has now joined forces with OIP (Open Internet Project) to bring more pressure on Commissioner Vestager. There are two related articles to read. Part of one is below and the link to one from Politico is here.
Welcome to Morning Tech, your beacon of truth when there is fake news around EU’s tech politics and policies.
END OF A EUROPEAN SUCCESS STORY? After a year or so of relative silence, Google’s rivals and opponents are back in the streets, cranking up the pressure on Europe’s Competition Commissioner Margrethe Vestager to act. Last week, it was ICOMP and the Open Internet Project, this week it is Kelkoo tearing into the Shopping case.
The chief executive of Kelkoo, one of Europe’s largest shopping comparison websites, said his firm could go under next year if Vestager doesn’t take serious action in the six-year-old case. “We’ve got to the point where we have nothing left to lose,” Richard Stables told us.
Join the queue, Richard. Foundem, the original complainant, closed its website in December; Yelp announced around that time it was closing its European operations, complainant group ICOMP is pooling its resources with the Open Internet Project, while many other shopping websites have shriveled. And yet Kelkoo’s outburst is significant: It’s a big European player, with a presence in almost two dozen countries and 230 employees.
Dreamstime, has announced the implementation of a proprietary artificial intelligence (AI) system that uses sophisticated algorithms to screen submitted images. The machine learning tool is designed to examine how human editors at Dreamstime review images, and then adjust its parameters to best match the editors’ various criteria. Read the entire article here
In 2014 Kai Bartel, Professor at HTW Berlin (University of Applied Sciences) was a speaker on one of our panels at the DMLA Conference “The Future of Image Search and Retrieval, From Description to Decryption”. Since that time Dr. Bartel has continued his research in the field of image retrieval and has recently cooperated with pixabay in developing a visual image browsing tool similar to Google maps. You can find their website here.
Pixabay wrote about their relationship with the University of Berlin and their search tool pics buffet in their blog: “ Picsbuffet was designed and implemented by the Visual Computing Group at the Berlin University of Applied Sciences (HTW Berlin). In order to make this image exploration possible, all images are visually arranged on an “image map” according to their similarities. The currently displayed section of the map can be interactively modified by dragging and zooming with your mouse: more similar images are displayed by zooming in and zooming out provides an overview of thematically related image concepts. After entering keywords for a search, a region with appropriate results is displayed: The heat map in the upper left corner shows the regions where the corresponding pictures can be found. Clicking on the heat map or on one of the five images below the heat map will jump to the corresponding region. If you click on an image its preview image and a link to the Pixabay page will be shown. Alternatively, you can start a new search for similar images.”
You can see their entire blog here.
Dr. Kai thought that DMLA members, especially those who attended the meeting in 2014, would be interested in how their research has evolved. For more information you can contact him at Kai-Uwe.Barthel@HTW-Berlin.de
New in 2017, we will be highlighting various DMLA members to give insight into their businesses with Member Profiles. First up in the series is Valerie Saunders, President of Tetra Images. We recently sat down with her for a look at this RF collection with a conceptual concept focus. You can read the entire interview here.
On January 25, 2017 Nancy Wolff, along with representatives from Getty Images, the Copyright Alliance, MPAA, Comcast, BMI Music and others representing creators and owners of content, testified at a hearing against bill HR65 before the Maryland State Senate Finance Committee.
The Bill was trying to regulate copyright demand letters by preventing copyright owners from “making certain assertions of copyright infringement in bad faith”. It also stipulated that a court might consider, among other factors, the absence of a certificate of copyright registration accompanying the letter s evidence of bad faith. Read the entire story here.
by Nancy Wolff, DMLA Legal Counsel
Sending copyright demand letters to users of images where no license is apparent has been a common practice of many DMLA members, even before images were distributed digitally. These demand letter s have been part of the copyright boot camp and form letters available to members to contact users and educate them about copyright misuse and to seek compensation if the images are not licensed.
On January 11, Maryland State Senator Edward Reilly (R) introduced a bill, HR 65 before the state legislature to regulate copyright demand letters. The bill is aimed at preventing copyright owners from “making certain assertions of copyright infringement in bad faith” and stipulates that a court may consider, among other factors, the absence of a certificate of copyright registration accompanying the letter as evidence of bad faith. The proposed remedies include the possibility of courts costs, attorney’s fees, and treble damages, including fees up to $50,000. On January 25, 2017 the Maryland State Senate Finance Committee held hearing on the bill. DMLA; Getty Images, the Copyright Alliance, MPAA, Comcast, BMI Music and other s representing creators and owners of content testified at the hearing as to the problems and burdens imposed by such a bill and provided written opposition. A copy of DMLA’s letter to the finance committee opposing the bill is [here]. The associations representing all the visual artists unanimously joined in the opposition as it would subject all copyright owner to unfair burdens in seeking compensation for infringements and violate federal copyright law. Joining our letter were the Society of Media Photographers (ASMP), National Press Photographers Association (NPPA), Professional Photographers of America (PPA), North American Nature Photography Association (NANPA), American Photographic Artists (APA), the Graphic Artist Guild (GAG) and Shaftel & Schmelzer.
Last week we learned that the Maryland Senate Finance Committee was not going to vote on the bill and as to not embarrass the member of the Finance Committee who had introduced the bill. Thanks to the Copyright Alliance for alerting us to so promptly so we could respond so quickly and for Getty Images for attending and speaking directly with Senator Reilly before the hearing. The entire content community mobilized to avoid a very problematic state bill. We will need to stay alert for other state legislatures who may feel the need to protect their citizens if complaints arise over copyright enforcement. Copyright is very different from patents and there is a push to stem what is known as patent trolling. We need to avoid being swept into the same category of bad actors. . The underlying cause in this bill seemed to be a lack of understanding as how images are licensed and the value of a rights managed image.
It’s hard to believe that the first month of 2017 is almost over. Reflecting on the past year we’d like to thank you for your support of our trade association. Working on your behalf, we strive to deliver the best legal advocacy, educational information and networking opportunities in the digital media industry. Read the entire message here