Category Archives: Advocacy

Goldman v. Breitbart News, LLC: The Embedding Balance Has Tipped

On February 16, Judge Forrest of the U.S. District Court for the Southern District of New York in Goldman v. Breitbart News, LLC – one of a pair of cases pending in Manhattan federal court concerning the practice of “embedding” copyrighted content – issued a ruling in favor of the plaintiff, photographer Justin Goldman, holding that embedding (or framing) content from another website does not immunize content users from copyright infringement claims.

Read the entire article here.

DMLA signs on to 2nd letter regarding NAFTA

DMLA signed on to a second letter to Ambassador Lighthizer, co-ordinated by the Copyright Alliance, in regards to the “modernization” of NAFTA.  We are thrilled that 34 other organizations opted in to bring attention to the policies by some internet platforms that promote theft of American creativity and innovation.

Read the letter here

DMLA JOINS IN AMICUS BRIEF VHT v ZILLOW

DMLA joins in amicus brief in VHT v Zillow, supporting VHT’s award of statutory damages based on number of infringed images under a database group registration of photographs

On Monday December 18, 2017, DMLA joined NPPA, ASMP and GAG in submitting an amicus brief before the Ninth Circuit Court of Appeals in support of VHT, a real estate photography company against Zillow, an online real estate platform on the narrow issue of the proper calculation of statutory damages based on multiple infringed images registered using a database registration consisting predominantly of photographs. The appeal by Zillow argues, among other issues, that the district court erred in awarding statutory damages to VHT based on each image infringed having independent economic value, despite being registered under a single database registration of photographs, which Zillow argues should only entitle VHT to one award of statutory damages regardless of the massive number of images infringed. The relevant question in the Zillow case hinges on what a court considers a “work” under Section 504(c)(1) of the Copyright Act, each separate image filed within the application, or the database as a whole, which would be one work.

The amicus brief supports the view that the independent value test applied by the lower court, and previously adopted by the Ninth Circuit is the correct one. The amicus brief describes the historical background of the various group registration procedures designed by the U.S. Copyright Office, to ease the administrative burden of registration of photographs which has unique challenges given the amount of images a photographer can create in a day.  In particular, the database registration of photographs was developed with input from DMLA and its members (formerly PACA) to protect images distributed through online platforms, which formerly were distributed via published print catalogs. The amici argue that the form of registration should have no impact on whether the independent works covered by the registration should be considered a single work, entitled to a single statutory damage or multiple works entitled to damages for each work infringed. The outcome of the Ninth Circuit’s ruling could have a major impact on the ability of image libraries and their contributing photographers to recover appropriate damages from infringers who use more than one of their photographs without permission, based on group registration, particularly those in the Ninth’s Circuit’s jurisdiction which includes California, Oregon, Washington state, Idaho, Montana, Nevada, Arizona, Alaska and Hawaii.

The brief, which you can find here, was filed by NPPA’s Deputy General Counsel, Alicia Calzada, with support from DMLA’s attorneys Nancy Wolff and Marissa Lewis of Cowan, DeBaets , Abrahams and Sheppard LLP. An amicus brief on another important issue in the case—secondary liability—was filed in support of VHT by the Copyright Alliance (link: http://copyrightalliance.org/wp-content/uploads/2017/12/Copyright-Alliance-VHT-v-Zillow-Amicus-Brief.pdf ), where DMLA is a member.

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.

Alphabet’s Google acts to comply with EU antitrust order

DMLA has been a member of  Comp for the last few years in support of CEPIC and  EU companies working for a solution to the Google antitrust issue.  It looks like Google is FINALLY coming up with a solution to the anti-competition lawsuit.

It seems like the time is right for the U.S. to revisit the same problems here in our country and help businesses here regain their competitive edge on the internet.

 

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.

Copyright Alliance Welcomes Digital Media Licensing Association (DMLA) as its Newest Member

 

Washington, D.C. – The Copyright Alliance, which represents the copyright interests of over 1.8 million individual creators and over 13,000 organizations across the spectrum of copyright disciplines, announced the addition of Digital Media Licensing Association (DMLA) as its newest member.

Headquartered in Chandler, AZ, DMLA was established in 1951 by a core group of New York stock photo agencies concerned about the protection of original transparencies. Today DMLA hosts an annual conference, quarterly webinars and industry networking, actively develops business standards, promotes ethical business practices, and advocates for copyright protections on behalf of its members, which encompass more than 100 digital content licensing companies.

According to DMLA Executive Director Cathy Aron, “We’re pleased to join the Copyright Alliance, and look forward to working with their team and with fellow members to continue promoting and protecting the interests of the media licensing community through copyright advocacy, education and communication.”

Added DMLA Counsel Nancy Wolff, “We’re happy to be working with the Copyright Alliance to ensure that our community of visual media licensing professionals have the greatest copyright protections and enforcements for their businesses.”

According to Copyright Alliance CEO Keith Kupferschmid, “We are thrilled to welcome DMLA to our membership. Their team works diligently to advocate on behalf of visual media professionals. And we look forward to assisting them in actively protecting the rights of their stakeholders on critical copyright matters.”

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ABOUT THE COPYRIGHT ALLIANCE The Copyright Alliance is a non-profit, non-partisan public interest and educational organization representing the copyright interests of over 1.7 million individual creators and over 13,000 organizations in the United States, across the spectrum of copyright disciplines. The Copyright Alliance is dedicated to advocating policies that promote and preserve the value of copyright, and to protecting the rights of creators and innovators. For more information, please visit www.copyrightalliance.org.

DMLA signs on to Copyright Alliance letter to Ambassador Lighthizer

Negotiations for modernizing NAFTA begin today,  August 16. The Copyright Alliance felt that it was vital that the USTR hears from individual creators and small and medium businesses about the importance of high-standard copyright provisions in the agreement, particularly in light of aggressive lobbying efforts by internet platforms and user groups to water down such provisions. To that end, DMLA participated in a letter to Ambassador Lighthizer on behalf of organizations representing small businesses and individuals highlighting the need for NAFTA to include meaningful copyright protections, effective enforcement, appropriate limitations and exceptions, and safe harbor provisions that incentivize platforms to minimize infringement.

You can read the letter here.