Category Archives: International

General Data Protection Regulation Explained

There is some confusion over the GDPR, the General Data Protection Regulation,  that goes into effect on May 25, 2018. This regulation strengthens the privacy rights of individuals living in the European Union (not only E.U. citizens) and applies to anyone who does business with those persons, even if that simply means collecting data for marketing purposes.

Nancy Wolff, DMLA Counsel, has written a comprehensive explanation of the regulation that you can read here.

GDPR Explained

by Nancy Wolff, DMLA Counsel

You may have noticed an increase in urgent messages from companies updating their privacy policies in anticipation of the upcoming deadline to become GDPR compliant. “GDPR” refers to a new European Union law – the General Data Protection Regulation that goes into effect on May 25, 2018. This regulation strengthens the privacy rights of individuals living in the European Union (not only E.U. citizens) and applies to anyone who does business with those persons, even if that simply means collecting data for marketing purposes.

Privacy is becoming more and more of a global issue, and the E.U. is leading the way in attempting to protect personal data. The policies behind the GDPR aim to increase transparency, in terms of both what personal data is collected and how it may be used, and the accountability of those who maintain and use that personal data. The regulation is complex and extensive and includes steep penalties for those who are not compliant – up to €20,000,000 or 4% of global revenue from the previous year, whichever is greater.

But before you think the solution is to simply exclude all European residents from your client base, or have a panic attack, it is important to recognize that the E.U. “privacy police” are unlikely to expect immediate full compliance or have the operational capacity to scrutinize every business transacting with E.U. residents. Your goal should be to reevaluate your privacy practices to be as compliant as possible given your type of business and your use of personal data.

The stock industry is not a business that primarily engages in personal data collection. The purpose of the industry is to aggregate and license content on behalf of contributors to those who legitimately incorporate it in their publishing, marketing, or other media works. Stock companies should continue to use best practices regarding the security of personal data, obtaining proper consent from those who they send marketing communications, and updating privacy policies to accurately reflect how information is used and how an individual can contact someone in your company about what personal data is collected. (A new sample privacy policy that can be modified to comply with your company’s practices will be provided shortly). There is a common understanding in recent literature published about the GDPR that many industries will be provided a soft launch period, despite the fact that the regulation has been published since 2016.

At its highest level, the GDPRrequires any company who collect personal data to maintain it securely, and to provide transparency in what ways it may use the personal data. The definition of “personal data” is quite broad and includes anyinformationthat relates to an identifiable person. See GDPR, Art. 4, Sec. 1. The individuals whose data is collected are called “data subjects.” See GDPR, Art. 4, Sec. 1. Those who collect data are called “controllers.” See GDPR, Art. 4, Sec. 7. Those who process data for controllers are referred to as “processers.” See GDPR, Art. 4, Sec. 8.  Any content library with contributors, distributors, customers and model releases, is a controller and needs to keep its records that contain personal data secure.

The first step toward GDPR compliance is to audit your data practices. Make a list of what personal data you collect and how you use that data. Then, when you update your privacy policy, you can use that list to make sure that you have provided adequate disclosure of how you use the personal data.The regulations require that the notice is not written in legalese but inclear and plain language.In general, you should not collect or retain information that you have no legitimate business purpose to collect.

The privacy notice should address the following to sufficiently inform the data subject:

  • Who is collecting the data?
  • What data is being collected?
  • What is the legal basis for processing the data?
  • Will the data be shared with any third parties?
  • How will the information be used?
  • How long will the data be stored for?
  • What rights does the data subject have?
  • How can the data subject raise a complaint?

Further, if someone from the E.U. requests information about the personal data you collect, you have an obligation to respond to requests within 1 month and may not charge the data subject for responding. You also need to give the E.U. resident the ability to update that information and the ability to remove the information if there is no legitimate reason to maintain that personal data.Additionally,any data breach of personal information must be reported within 72 hours.

Individuals subject to the GDPR can enforce these new rules, as it provides for a private right of action, but there must be some material damage.

In terms of marketing to customers or potential customers in the E.U., the consent rule under the GDPR is an “opt-in” instead of “opt-out” rule. Consent must be very clear and cannot be buried in terms and conditions. There should be a separate check box for marketing and promotions and for accepting terms and conditions.

It is too soon to know how these new regulations will impact the image licensing industry. To some extent all photographs of recognizable people contain personal data. Some have asked whether the new “right to be forgotten” will affect the industry and whether models or subjects could request that images be erased or consent withdrawn. While these regulations have not been officially interpreted yet, this kind of overly broad interpretation would be contrary to the purpose of the regulations – which is to address privacy issues with data collection.

The regulations do acknowledge that there are legitimate business reasons to retain certain personal information. The licensing of editorial as well as commercial images by image libraries serves an important business and newsgathering function and model releases are required to be retained for many business and legal purposes, and are necessary to produce in the event of a claim. Further, the “right to be forgotten” is not absolute and the regulations acknowledge that other rights, such as the right to freedom of expression and information, including processing for journalistic purposes and the purposes of academic, artistic or literary expression must be reconciled with this right. These exceptions should insulate the licensing of images and restrict persons from demanding that images be removed.

This article is intended to be a broad overview of this new regulation and not a complete description of the GDPR or any company’s obligations. You are encouraged to seek further advice and there are many websites offering insights. Importantly, the regulations have not been interpreted and we will continue to monitor this topic. The GDPR will be included in the DMLA legal panel at the DMLA Annual meeting in October.

Mary Evans Picture Library Participates in Open House London

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Mary Evans Picture Library, the UK’s leading source for historical images, will be taking part in London’s Open House event on Saturday 17 September 2016, opening the doors of its Arts and Crafts-style building in Blackheath to visitors.

Now in its 25th year, the Open House London event is the capital’s largest architectural showcase, opening up unusual, remarkable or historic buildings for one weekend only and allowing members of the public a chance to explore and learn more about the city’s rich heritage.  Read the entire article here.

Mary Evans Picture Library opens its doors for Open House London

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Mary Evans Picture Library, the UK’s leading source for historical images, will be taking part in London’s Open House event on Saturday 17 September 2016, opening the doors of its Arts and Crafts-style building in Blackheath to visitors.

Now in its 25th year, the Open House London event is the capital’s largest architectural showcase, opening up unusual, remarkable or historic buildings for one weekend only and allowing members of the public a chance to explore and learn more about the city’s rich heritage. The event’s aim is to promote public awareness and appreciation of London’s building design and architecture, helping the wider community to become more knowledgeable, engage in dialogue and make informed judgements on architecture.

Mary Evans Picture Library is located in the former parish hall of All Saints’ Church, which was built in 1928 after houses and shops on the site were destroyed by a First World War Zeppelin raid. Designed by architect Charles Canning Winmill, who met and was heavily influenced by Philip Webb, the architect of William Morris’ Red House in Bexleyheath, the building bears many hallmarks of the Arts and Crafts movement from its round windows to its decorative facade. It has been the home of the library since 1989.

Mary Evans caption writer, Gill Stoker, has been researching the building’s past in preparation for Open House and discovered it was opened by Princess Marie Louise, granddaughter of Queen Victoria, in November 1928. Over the years it has had many uses ranging from child welfare clinics and dance classes to fetes and youth clubs. During the Second World War, it was requisitioned as a British Restaurant, one of a network of canteens set up by the Ministry of Food, intended to provide nutritious, non-profit meals to bomb victims and war workers.

Jessica Talmage, Deputy Picture Research Manager, who has organized the library’s participation in the event, said: “The style of the building and our sign above the door are intriguing to passers-by and each week people ring the doorbell of the library, asking if they can look around. As a working business, we are unfortunately not in a position to regularly give tours but Open House will provide us with the ideal excuse to show off the hall as well as its unique contents. The building is very much part of the Mary Evans identity, and the ideal setting for our historical archive. Not only do we get to work with a fantastic collection, but it’s a privilege to spend every day in such a characterful building. We are looking forward to sharing it with others.”

Mary Evans Picture Library will be participating in Open House London on Saturday 17 September 2016 from 10am to 5pm. Guided tours will take place every half hour. Last tour at 4:30pm. No need to book, just turn up!

To find out more about Open House visit http://listings.openhouselondon.org.uk.

MARY EVAN LIBRARY’S PHOTO ON COMMEMORATIVE STAMP

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Mary Evans Picture Library is delighted that an image of the Thiepval Memorial in the Somme area of France by their photographer Mike St. Maur Sheil has been chosen by the Royal Mail to be included in the latest of their commemorative series of stamps entitled “The Great War 1916”. Mike’s image of the Memorial was taken from the site of Brock’s Benefit Trench east of Mesnil . The Memorial to the Missing was designed by Sir Edwin Lutyens (1869-1944) and is the largest war memorial to the British who died in the Great War, standing  almost 50m high.

This is very timely as Mike St. Maur Sheil’s exhibition “Fields of Battle, Lands of Peace – Somme 100” is currently on display outside the Guildhall in London and he has just released a stunning new book of the same title, showcasing the images from the exhibition and many more, and which is available here.

robertharding photographer wins CEPIC Stock Photography Award

Top robertharding wildlife photographer David Gibbon has won an award at the second CEPIC Stock Photography Competition with his incredible image “Puffin in the Farne Islands”.

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David was recently signed to the agency as part of a new initiative to recruit high-end contemporary travel and nature creators.

The second CEPIC Stock Photography competition attracted over 226 amazing photographers from 16 countries, all of whom are working with stock photo agencies. The photos were featured in an audio-visual exhibit at the CEPIC Congress in Zagreb, Croatia between the 24th and 26th of May 2016.

Robert Harding says: “We are thrilled to see David receiving recognition in this great competition. David is part of an enormously talented new generation of robertharding photographers that continue to produce outstanding work and we’re sure we’ll be seeing many other competition wins in the future.”

robertharding is an independent media licensing platform specialising in innovative travel and nature photography and video, used by the world’s largest publishers and marketeers to bring their projects to life.

We are constantly looking for contributors of high-quality travel photography and video. You can find full details HERE.

Trevillion Shines at the CEPIC Awards

Trevillion Images is thrilled to announce that for the second year running they (http://www.trevillion.com/) have won the CEPIC Stock Photography Awards!

This year two Trevillion photographers stole the show, with Daniil Kontorovich taking first prize, and Oleg Oprisco taking second.

Daniil captivated the audience with his haunting portrait of a red-haired model gazing intently at the camera. Whilst Oleg turned heads with his surreal and playful image of a woman sewing fabric in a field.

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It is a great honor to be associated with CEPIC (http://cepic.org/), which aims to support traditional stock photography and defend the rights of photographers throughout Europe.

To see the winning images and all the other fantastic entries just visit the CEPIC Photography Awards website http://www.cepic-photography-awards.com).

And make sure to check out the winning photographer’s collections on the Trevillion website, Daniil Kontorovich (http://www.trevillion.com/contributor/browse/933/daniil-kontorovich) and Oleg Oprisco (http://www.trevillion.com/contributor/browse/755/oleg-oprisco) have hundreds of stunning images that cannot be missed!

fotofringe London offers DMLA members an exclusive discount to visit the event

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fotofringe starts the picture agency networking year: FOTOFRINGE, London, 20 April – CEPIC, Zagreb, 25-27 May – DMLA, USA, October 27-29, 2016

On Wednesday 20 April, 100 image agencies gather in the UK at the 6th fotofringe London, held at the award-winning Kings Place.

This year’s fotofringe is the first international networking opportunity since the striking news of Corbis/VCG/Getty.  For DMLA members who order a non-exhibiting agency day pass before Tuesday 15 March, the cost of entry will be £65 per person.  After then, day passes cost £75, and from 1 April, £175. The fee includes a complimentary welcome breakfast, free lunch bag and a complimentary drink at the end of the show with the exhibitors.

To take advantage of this offer reserve your entry ticket by emailing direct to fotofringe@topfoto.co.uk – please include  your name, your company name, and details for the invoice: and the number of tickets you require.  This offer is only available to DMLA members.

2016 exhibitors to visit include: 123RF; 4Corners Images; Action Library; Advertising Archives, age fotostock, akg-images, Alamy, Arcaid Images, Arcticphoto, Ardea, Arenapal, Art Archive/Kobal, artimage, Ashmolean Museum, AUGUST, AWL Images, Bridgeman Images, British Museum Images, Caia Images, Camera Press, Capture, Cartel, CiTDigital, Cody Images, Creative Image Library, Deposit Photos, europeana food & drink, FLPA, Gallery Stock, Getty, Glasgow Life, Heritage Images, Historic Royal Palaces, Homer Sykes My British Archive, Ian Fleming Images™, IDS, Ikon Images, Imagesource, John Birdsall Library, LAT Photographic, Lebrecht Music & Arts, Lee Miller Archive, Living4Media, Mary Evans Picture Library, Mirrorpix, National Archives Image Library, National Museum of Wales, National Portrait Gallery, Nature Picture Library, Newscom, News Syndication, OTTO, PA Images, Photofusion Picture Library, Photoshot, PictureMaxx, plainpicture, PPL, Rex by Shutterstock, Robert Harding World Imagery, Ronald Grant Archive, Réunion des musées nationaux (RMN), Royal Armouries, Royal Museums Greenwich, RSPB Images, Scala Archives Italy, Science & Society, Science Photo Library, Seasons, Sputnik, Steve Bloom Images, Shutterstock, Sonia Halliday Photographs, Stockfood, Tate, Timeinc.UK, TopFoto.co.uk, VIEW, V&A Images, Wellcome Images, Wenn, Werner Forman Archive….

fotofringe london is created and managed by Topfoto.co.uk, with media partner PhotoArchiveNews.com

DMLA Conference Sparkles from All Views

© Joseph Santa

© Joseph Santa

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© Joseph Santa

The 2015 Conference (our 20th Annual) by all accounts was an overwhelming success! We’d like to thank all the participants for their contribution to the event and for helping to make it so relevant. It is the presence and enthusiasm of such a variety of attendees from all over the world that make these meetings so worthwhile.

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©Joseph Santa

While moving to New Jersey was a bit controversial to some, the amazing views and the accommodations more that made up for a little inconvenience. Most people found the 5-minute trip on the PATH train to Manhattan to be very easy!

The conference was jammed packed with people, quality sessions and every one of our speakers and panelists were prepared to give enormous amounts of information to our audience. We will be posting a series of reviews of all the sessions in upcoming blogs.

Events like this don’t happen without a lot of hard work from a lot of people. A special thank you to Ellen Boughn and her Program Committee for a flawless conference from start to finish: Doug Dawirs, Lynn Eskenazi, Ellen Herbert (Novel Expressions), Paul Melcher, Nuno Silva (500px) and Sonia Wasco (Grant Heilman Photography).

To Ophelia Chong (Stock Pot Images), a new DMLA Member, who jumped in and volunteered to run the front desk at her first conference, a huge thank you… and to the Agency Access crew who assisted her: Amanda Cronin, Katie Knepple, Matthew Spindler and Michele Mattera.

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© Joseph Santa

Congratulations to our 2015 DMLA Award winners, a new tradition that was started this year: Volunteer of the Year, Karen D’Silva; Corporate Sponsor of the Year, Agency Access and to our Lifetime Achievement Award winner: Sonia Wasco, Grant Heilman Photography.  A Well deserved honor by all of the recipients!

A big shout out to all our speakers, moderators and panelists whose contributions were above expectations and who made our sessions so very interesting and informative.  A huge thank you to Doug Dawirs for making the AV work so seamlessly.

We are thankful to our photographer, Joe Santa, who donated his incredible talents to capture the great moments of the event.  Look for his photos with our session reviews.

Thanks to all our conference sponsors: 500px, British Pathé, CDAS, Condé Nast, Corbis, Gaopin Images, ImageProtect, Visual Connections and especially Agency Access who did all the design work for the event (Alison Abate and Katie Jackson most of all). Please plan ahead to take advantage of one of 2016’s sponsorship opportunities.

These Conferences keep getting better and better! Make your plans now to attend next year’s event. We’ll have information soon on dates and location. All you need is a quest for knowledge and lots of business cards!

See you next year!!

Google Responds to EU’s Antitrust Case

From ICOMP’s Blog:

Google in Denial

Today’s blog post from Google is, unfortunately, simply another attempt to divert attention away from the devastating impact their self-preferencing has had on the online market, making many of the same old arguments we have seen before.

Commissioner Vestager has been clear that in her view Google’s systematic self preferencing of its own comparison shopping service, along with its demotion of rivals, is in breach of European antitrust rules. But, in spite of the detailed work and analysis of the Commission and others over many years, Google still refuses to acknowledge the impact of its anti-competitive conduct.

If Google truly believes “in the interest of promoting user choice and open competition”, and in the strengths of its arguments, we would urge them to make their case in front of the Commission and complainants at an oral hearing.

The decision is in Google’s hands, but holding a hearing could provide a unique opportunity for Google to present its full defence and for complainants and other interested third parties to offer their perspectives. We have long believed that transparency and a meaningful debate is in everyone’s best interest, and an oral hearing is an important step in ensuring that such a debate takes place.

We look forward to supporting the Commission in taking the case forward and helping to find robust and workable long-term solutions to remedy the harms caused by Google’s anti-competitive practices. ICOMP’s members, who represent a wide range of interests in the digital sphere, will be keen to ensure that effective remedies are speedily reached.

See the whole story on Politico here

**DMLA is a member of ICOMP