Category Archives: Education

DMLA Legal Blog: What is ahead for 2017

by Nancy Wolff, DMLA Counsel

2017 is off to a rapid start for the DMLA legal committee and team. In December DMLA, along with other visual artist associations, (American Photographic Artists, American Society of Media Photographers, Graphic Artists Guild, National Press Photographers Association, North American Nature Photography Association and Professional Photographers of America) attended the annual face to face meeting of visual artists’ associations to set the course of collaborative action for the coming year. This year’s meeting was in DC, and the changes at the Copyright Office; the House of Representatives Judiciary Committee’s Reform of the Copyright Office together with recent copyright small claims bills were priority topics.

In addition to strategizing on how to approach the above issues, we had a training session on lobbying, a meeting with Keith Kupferschmid, the CEO of the Copyright Alliance on participating in a search for a new register at the Copyright Office; discussions on whether the Copyright Office should move out of the Library of Congress; and a guest speaker, Rob Kasunic, Associate Register of Copyrights and Directors of Registration Practice Policy & Practice at the US Copyright Office. Specifically, Rob discussed a recently published notice of proposed rulemaking regarding group registration of photographs that will impact how published and unpublished photographs are registered as well as the database registrations employed by many DMLA members.

The day was full with many open items to work on in 2017, with several responses to requests for comments from the Copyright Office and the legislature due by the end of this January. This annual meeting is in addition to nearly weekly meetings DMLA participates in with these associations. Since last year when we anticipated proposed copyright small claims legislation, the associations have been in frequent communication to work swiftly and cohesively when the need arises. A lesson learned from the proposed Orphan Works legislation nearly ten years ago was that the visual artists’ community needs to speak with as unified a voice as possible with Congress and the Copyright Office if our message is to be heard and considered. DMLA represents the only association of licensing entities and our perspective is important in highlighting the economic importance of licensing and the need for a robust copyright system. The Legal Committee will be sending requests for action items on pending responses due this month so look out for updates and please participate as we need to hear from all members on these important issues!

 

 

Visual Steam’s Annual Survey of Art Buyers

DMLA is a proud sponsor of VisualSteam’s 2016 Survey of Art Buyers.  As such, our members are able to receive a free copy (if you are in good standing).  To receive your free copy, please email sales@visualsteam.com and please note that you are a DMLA member and requesting your free copy.  Once verified, you will be sent a PDF copy and link to an online version.

 

 If you are not a member of DMLA, you may purchase a copy by clicking here.

 

vs2016-cvr

Visual Steam’s Annual Survey of Art Buyers

DMLA is a proud sponsor of VisualSteam’s 2016 Survey of Art Buyers.  As such, our members are able to receive a free copy (if you are in good standing).  To receive your free copy, please email sales@visualsteam.com and please note that you are a DMLA member and requesting your free copy.  Once verified, you will be sent a PDF copy and link to an online version.
 If you are not a member of DMLA, you may purchase a copy by clicking here.
vs2016-cvr

DMLA Legal Update

By Nancy Wolff, DMLA Legal Counsel

NEWS FROM WASHINGTON

This past week was a busy week for DMLA. We had our annual in-person meeting with a number of visual art associations in Washington, DC last Tuesday. Thursday, the House of Representative’s Judiciary Committee released its first policy proposal to reform the Copyright Office after extensive review of the U.S. Copyright Act over the past few years. Also on Thursday Representatives Judy Chu and Lamar Smith introduced the Fairness for American Small Creators Act, a bill proposing as an alternative to federal court, a copyright small claims court within the Copyright Office.

In-Person Association Meeting

Since Congress attempted to pass orphan works legislation ten years ago, the heads and counsel of the visual arts related associations in the United States have met in-person each year to discuss mutual goals and issues. We’ve focused primarily with respect to the ongoing studies conducted by the Copyright Office on issues relating to visual images, registration and a copyright small claims as well as the House of Representative Judiciary Committee’s review of the U.S. Copyright Act. The importance of responding to Congress on these important issues with a more unified voice was a lesson learned during the orphan works legislation hearings in 2006. Although there are regular telephone meetings during the year to deal with ongoing issues, the annual meeting help shape the goals for the year and promotes unity. In addition to DMLA, the following associations participate in these meetings: American Association of Media Photographers (ASMP), Professional Photographers of America (PPA), National Press Photographers of America (NPPA), American Photographic Artists (APA), North American Nature Photographers Association (NANPA), the Graphic Artists Guild (GAG) and the Plus Coalition.

This year the annual meeting emphasized several hot topics, First, we focused on the replacement of Maria Pallante, the former register of the Copyright Office, who was summarily removed by the recently appointed Librarian of Congress on October 21, 2016 and had been sensitive to the issues of visual artists. Keith Kupferschmid, CEO of the Copyright Alliance, met with the group at lunch to discuss the selection process, as he knows it, and to work with us to suggest appropriate candidates. In addition, he also encouraged the various associations to support a survey currently being drafted by the Copyright Alliance to respond to a recent request from the Copyright Office for more data on Section 512 of the Copyright Act, concerning the effectiveness of the notice and take down process to remove infringing materials from Internet Service Providers.

Next, the continued support for a proposed copyright small claims court as an alternative to costly federal litigation was high on the agenda as well as modernizing the Copyright Office and improving registration of images. Many of the members had meetings on the Hill the remainder of the week to support Copyright Small Claims, organized by the PPA. In addition, Rob Kasunic, Associate Register of Copyrights and Director of Registration Practices at the Copyright Office, was invited to speak in the afternoon and he discussed the recent request -Notice of Inquiry (NOI) published by the Copyright Office seeking to limit group registration of photographs to 750 images. (More to come on that from the DMLA). Over the past months, the associations have had weekly calls regarding Copyright small claims legislation, which we intend to continue during the next year.

Thursday, December 8, House Judiciary Committee Chairman Bob Goodlatte and Ranking Member John Conyers released the first policy proposal to come out of the Committee’s review of U.S. Copyright law. The document states that the Copyright Office should remain a part of the Legislative Branch and continue to provide advice to Congress. Further, the Office should have autonomy over its budget and technology needs. It supported the Copyright Office’s plan for IT modernization with searchable, digital databases. Additionally, it recommended that the Office host a small claims system consistent with the Copyright Office report to handle low value infringement cases. Reps. Goodlatte and Conyers released a statement and video stating that these policies are a starting point for further discussion by all stakeholders, with the goal of producing legislative text within each issue area. The Committee requests written comments from interested stakeholders by January 31, 2017.

With respect to the small claims system, on the same day, Representatives Judy Chu and Lamar Smith introduced the Fairness for American Small Creators Act, a bill proposing, as an alternative to federal court, a small claims court within the Copyright Office for copyright infringement lawsuits. More information is available at here.

The DMLA Legal Committee is reviewing the recent requests for information from the Copyright Office ad Congress for information of Section 512, registration and copyright small claims. 2017 looks like it could be an active year. If any legislation on copyright modernization or small claims is ready to be voted on, it will be important for DMLA members (and their contributors) to show support. We will keep you informed.

Visual Connections New York 2016: lots new to look forward to!

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Visual Connections returns to New York on Thursday, October 27th to stage another free discovery, networking and education event exclusively for buyers and commissioners of photography, footage and illustration. The venue will again be Metropolitan Pavilion, conveniently located in Midtown Manhattan.

This is a unique opportunity for creative directors, designers, editors, publishers and producers to find creative inspiration and new providers of assignment and stock visual media; to pick up tips about legal issues, trends and new resources; and network with peers from leading creative and editorial companies.

“Visual Connections brings picture professionals together better than any other regular event I know of.” – Doug Brooks, Image Research Team

22 of the 68 exhibitors are new to Visual Connections New York and represent the full gamut of stock and commissioned photography, motion and illustration. They include artist reps ETC Creative, Illustration USA, Renee Rhyner, and Robert Bacall Reps; 360° panoramas specialist 360Cities; movie and TV archives British Film Institute, British Pathé and CNN Collection; user-generated content specialists EyeEm, Newsflare and Scopio; research tools from Capture, DMLA, Footage.net and Stockindexonline; and many other stock agencies.

Visual Connections is delighted to be working again with Workbook, the leading marketing resource for commercial photographers and illustrators, as the event’s Principal Sponsor.

“Visual Connections gives us the opportunity to take our message about the power of assignment photography and illustration to an entirely new audience,” said Bill Daniels, CEO of Workbook.”

“Visual creatives who routinely use stock benefit from seeing the work of some of the world’s top photographers; and those who mainly commission new content benefit from seeing the wide variety of stock available when time or budgets are tight,” says Deborah Free, Co-President of Visual Connections.

The ever-popular annual Keynote Q&A will focus on the issues surrounding publishing and sourcing visual content on social media platforms. The panel includes two intellectual property attorneys, Nancy Wolff and Bob Stein, with interestingly different perspectives.

The first afternoon session will look at cutting-edge technology to help with finding the right visuals fast. This is followed by presentations by four leading producers and photo/videographers and discussion around how to go about commissioning or producing high quality shoots that combine motion and stills.

The final session is with guest speaker Anna G. Dickson from Google talking about “Navigating the new world of imagery is trickier than it seems.”

Full details and registration for free entry may be found at visualconnections.com/newyork

2016 DMLA Conference-Meet the Panelists

Session: Images are Weapons of Change. Friday morning session

Public opinion has long been swayed by the photographs from war zones, images of love and acceptance and of events that change how we interact with each other and the world. As we come up to the election this November, it is even more crucial that as image-makers and curators we are aware of how powerful our choices are. Join us and hear how art buyers and editors are choosing images to present their clients’ message to a world that changes with each post, click and comment.

 Moderator: Karen Beard

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Karen Beard is an Art Director at Image Source, and founder of Shestock. A 20-year photo industry professional with diverse experience in image creation, management, with a focus on creating strong female-centric imagery and spotting gender bias. She has previous experience as a commercial photographer shooting on assignment, and stock image photographer.
www.shestockimages.com and branded.me/karenbeard

Panelist: Witold Riedel-Founding Partner Tea & Water Ltd.

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A German citizen, born in Poland, Witold began his career creating television graphics, dance music videos and techno record covers in Germany before moving to New York. Here he became the Creative Director at Organic, a first leading digital agency. At Ogilvy and Mather he was the Worldwide Executive Creative Director for Siemens and introduced a genuinely multi-local approach to communication for the then most sustainable large company on the planet. His hands-on and on the ground approach to strategic creative work brought him closer to understanding the true nature of working in China, India, Russia, South Africa, Brazil, and also Germany and the United States.

Reidel is a Co-Founder of Tea & Water Ltd., a private partnership designed to deliver best-in-class creative strategy and creative execution for international projects of any size. The firm has a focus on sustainability and social responsibility. Tea & Water was founded to be global and inclusive. They develop long-term communication programs with those who want to change the world for the better. Clients include: Siemens (China, Germany, U.S., India, UAE, Egypt, Iran, South Africa, Brazil, U.K. Russia), U.S. Figure Skating Association, Ogilvy & Mather (seamless integration including role of Global Executive Creative Director), Greenkern, generation_ foundation, MHI Vestas, SRF Swiss Radio and Television.

http://www.witoldriedel.com/about/

Panelist: Sheri Radel Rosenberg-Producer/Writer Marketing and Advertising

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As a former trend forecaster and lifelong observer, Sheri brings a fresh perspective to talent selection and loves looking for the unexpected as well as those tried and true talent who click with a brand and a campaign. She worked at CP+B for 7 years, and was head of Art Buying at Deutsch New York. A defender of great ideas, Sheri loves problem solving and equates her freelance career to that of Harvey Keitel as the Wolf in “Pulp Fiction”.  She’s always available to jump in, clean up a mess, and make great work. Her clients include Sapient Nitro, Goodness Mfg., Ogilvy and Mather, Google Creative Labs, Ammirati, Anomaly, Co Collective, Deutsch NY, Grupo Gallegos, Barton Graf, JWT, Taxi New York, Consigliere, The Barbarian Group, and Wieden + Kennedy.

https://freelanceartproducer.com/portfolio/sheri-radel-rosenberg-2/

Panelist: Adam Levine- Branding + Marketing Consultant NYC

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Adam Levine is a marketing and branding executive with over two decades’ worth of experience with some of the country’s leading ad agencies (Deutsch, FCB, DDB and McKinney) and has worked on brands as varied as Zoloft, Revlon, Snapple, Microsoft and IKEA.  His professional passion is to help brands connect strategically and creatively through integrated strategy and execution.  His personal passions include pop culture, travel and hiking (especially with his dog Karma).