Category Archives: Industry News

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

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Fantastic Discount Offer for LDV Vision Summit

Another great perk for DMLA Members, but you must act quickly, offer ends April 30th.
Here is the offer :
At the 2017 Annual LDV Vision Summit on May 24-25 in NYC, experts discuss how computer vision, machine learning and artificial intelligence are disrupting business & society.
500 attendees come to see 80 speakers from companies like Google, Facebook, Union Square Ventures, and First Round Capital talk about opportunities in visual technology across 40 sessions and 2 competitions. LDV Capital is offering the DMLA members a 87% discount on tickets through April 30 with the code DMLA.

CDAS Expands Their West Coast Practice

Cowan, DeBaets, Abrahams & Sheppard LLP is expanding its West Coast litigation, entertainment, and intellectual property practice with the strategic hire of a two-person litigation team, led by Carole E. Handler, who joins the firm as a partner in CDAS’s Beverly Hills office as of April 1, 2017.

Widely known as “the lawyer who saved Spider-Man,” Carole represented Marvel Entertainment Company for over a decade in copyright and other litigation, and was responsible for the trial strategy that allowed Marvel to recover the motion picture rights to its iconic Spider-Man property.   Read more about this nationally recognized litigator on copyright, trademark, entertainment, and antitrust cases here.

CDAS brings in partner Carole E. Handler and associate Brianna Dahlberg to expand its West Coast Litigation, Entertainment, and IP practice

Cowan, DeBaets, Abrahams & Sheppard LLP is expanding its West Coast litigation, entertainment, and intellectual property practice with the strategic hire of a two-person litigation team, led by Carole E. Handler, who joins the firm as a partner in CDAS’s Beverly Hills office as of April 1, 2017.

Ms. Handler is a nationally recognized litigator on copyright, trademark, entertainment, and antitrust cases. She has handled numerous groundbreaking cases throughout her career, representing clients in the motion picture, telecom, fashion, sports, and other industries on matters involving entertainment, copyright, competition, and new media.

Her work includes representing clients in the motion picture industry in complex copyright and antitrust litigation. Widely known as “the lawyer who saved Spider-Man,” Carole represented Marvel Entertainment Company for over a decade in copyright and other litigation, and was responsible for the trial strategy that allowed Marvel to recover the motion picture rights to its iconic Spider-Man property. In representing Pfizer, she was one of the lead attorneys who succeeded in having the then-largest trademark verdict in history reversed. But perhaps one of the cases of which she is most proud involves her work on a nine-week pro bono jury trial for a Holocaust survivor to recover the rights to her life story, which is now being developed into a motion picture.

Carole has successfully represented major motion picture producers and distributors in litigation involving antitrust and copyright issues and continues to support her clients’ efforts as new media revolutionizes traditional ways of reaching consumers. Carole also handles infringement claims for a number of fashion clients, for which copyright is an increasingly crucial issue. Carole regularly submits amicus briefs on copyright and antitrust issues in the Second, Third, Sixth, Ninth, and Eleventh Circuits, as well as the Supreme Court, and California courts.

She has also been an adjunct professor at USC law school for over 13 years, where she has taught both antitrust and IP courses.

“Carole’s practice is perfectly synergetic with CDAS’s litigation practice in New York, which also centers on IP, media, and entertainment disputes,” explains Eleanor M. Lackman, co-chair of CDAS’s Litigation Group. “She helps us take the strong practice that we have built on the East Coast and replicate that type of focus and service on the West Coast, which provides a major benefit for our clients across the country.”

Carole was immediately drawn to CDAS by the firm’s commitment to strategic growth in key industry sectors, which allows it to serve a wide variety of clients, its openness to new approaches, and its focus on important media issues, which are central to her practice. “In addition to the superior quality of CDAS’s nationally recognized attorneys, its dedication to innovative legal thinking, the depth of its IP practice and its focus on copyright and media – it is also the unusual firm that has a real commitment to internal development and gender diversity equality and practices it.” Carole notes that the majority of CDAS’s equity partners are women.

Joining Carole is Brianna Dahlberg, an associate who has worked with Carole since 2011 and has extensive trial and pretrial experience in entertainment, IP, and contractual matters. Both Carole and Brianna join from Eisner Jaffe, which they joined from Lathrop & Gage.

More information about Carole E. Handler is available at http://cdas.com/carole_handler

More information about Brianna Dahlberg is available at http://cdas.com/brianna_dahlberg

ABOUT COWAN, DEBAETS, ABRAHAMS & SHEPPARD LLP

CDAS is a New York and Los Angeles entertainment, media and IP law firm that has served clients for over 25 years in the traditional content and media businesses as well as in emerging technologies. Practices in our majority-women owned firm include: film, television, visual arts, music, digital media, publishing, fashion, theatre, advertising and marketing, copyright, corporate formation, finance and M&A, employment, litigation, technology, trademarks, brands and venture. Our strong commitment to understanding our clients’ businesses and budgets allow us to offer individualized attention that includes in-depth industry knowledge as well as focused legal advice in litigation and transactional matters that only a niche boutique law firm like CDAS can provide.

Media Contact: Jennifer Besada, jbesada@cdas.com, (212)-974-7474

 

 

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.

Ninth Circuit Affirms Right To Display, License And Sell Photographic Prints Without Violating Subject’s Publicity Rights.

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.

In their putative class action lawsuit, the athletes had sought to hold T3Media liable for displaying the photographs online and for offering non-exclusive licenses to consumers permitting them to download a single copy of a chosen image for non-commercial art use. The athletes did not own copyright to the photographs at issue—the copyrights were owned by the NCAA, who had contracted with T3Media to store, host, and license the images. T3Media responded to the athletes’ lawsuit by filing a special motion to strike under California law, which was granted by the district court. The Ninth Circuit affirmed the district court’s decision throwing out the athletes’ lawsuit and awarded attorneys’ fees to T3Media.

In its opinion, the Court clarified the test for determining whether a right of publicity claim is preempted by the Copyright Act. Section 301 of the Copyright Act provides a two-part test for determining whether a state law claim is preempted: first, the court asks whether the subject matter of the state law claim fell within the subject matter of copyright; and second, the court asks whether the state law rights asserted were equivalent to rights within the scope of copyright. Applying this test to the athlete’s right of publicity claims, the Court drew a distinction between claims based on the unauthorized use of a person’s likeness in advertising, and claims based on the mere display or distribution of an artistic work:

[A] publicity-right claim may proceed when a likeness is used non-consensually on merchandise or in advertising; but where a likeness has been captured in a copyrighted artistic visual work and the work itself is being distributed for personal use, a publicity-right claim is little more than a thinly-disguised copyright claim because it seeks to hold a copyright holder liable for exercising his exclusive rights under the Copyright Act.

The Ninth Circuit’s opinion in T3Media’s favor is consistent with longstanding practices in the visual content industry. It affirms that visual content creators and providers, by merely displaying and offering for license images that depict people, do not make any use that implicates the right of publicity. The decision provides clear guidance that will allow visual content creators and licensors to continue to offer creative, newsworthy, and culturally important images to the public.

Cowan, DeBaets, Abrahams & Sheppard LLP submitted an amicus brief in support of T3Media on behalf of the Associated Press, the Digital Media Licensing Association, Getty Images (US), Inc., the Graphic Artists Guild, the National Press Photographers Association, Inc., PhotoShelter, Inc., the Professional Photographers of America, Shutterstock, Inc., and ZUMA Press, Inc. [A copy of the amicus brief is here). We thank everyone who participated and joined the brief. The attorneys representing T3 Media were extremely grateful for our industry support to counter all the amicus briefs submitted by the various sports’ leagues.

 

DMLA Empirical Research Study for Section 512 Study

 On March 21, 2017 DMLA filed additional comments to our original comments filed with the  Copyright Office for the Section 512 Study.  These comments included the results of an empirical research study that we conducted of our members and their contributors.

The Survey asked whether respondents monitor the Internet for copyright infringements of their or their contributors’ work, and examines their reasons for deciding whether or not to monitor and their experiences if they do monitor, specifically with the Digital Millennium Copyright Act’s (“DMCA”) notice-and-takedown procedure.  We received over 1200 responses.

You can see the comments sent to the Copyright Office and the results to the survey here.