Category Archives: Copyright

IMAGERIGHTS ACQUIRES IMAGE WITNESS

 

 

Boston, MA – ImageRights International, the global leader in copyright enforcement services for photo agencies and professional photographers, today announced the acquisition of Australia’s Image Witness, whose rapid scan image search technology fortifies ImageRights’ technology leadership position in the fast-growing copyright enforcement services industry.

Read the entire article here.

IMAGERIGHTS ACQUIRES IMAGE WITNESS, STRENGTHENS IMAGE SEARCH TECHNOLOGY ARSENAL

 

 

Solidifies ImageRights’ Leadership Position in Copyright Enforcement

Boston, MA – ImageRights International, the global leader in copyright enforcement services for photo agencies and professional photographers, today announced the acquisition of Australia’s Image Witness, whose rapid scan image search technology fortifies ImageRights’ technology leadership position in the fast-growing copyright enforcement services industry.

Complementing ImageRights’ intensive image search and leading-edge image recognition technologies, Image Witness’ highly regarded image search algorithms have been specially designed for rapidly scanning very large, content rich websites for both image licensing and copyright enforcement purposes.

The combined image search systems will instantly deliver comprehensive, actionable image sighting reports to clients through their ImageRights dashboard at imagerights.com. The sightings are first analyzed by ImageRights AI, which sorts, ranks and groups the sightings by domain owner, all of which expedites license review and facilitates claim submission by copyright owners. The ImageRights AI can then recommend if a claim should be pursued directly through ImageRights license compliance or through a partner law firm and estimate the initial demand, all in less than three seconds. Since the launch of its integrated image search and case management platform, ImageRights has processed more than 50,000 copyright infringement claims.

“I have known and followed the developments at ImageRights over the years, so when the opportunity was presented I knew ImageRights was the perfect fit,” reflected Matthew Johnson, founder and CEO of Image Witness. “ImageRights has always had an upstanding reputation in the industry and I am glad to see that our clients will be in such great hands.”

Image Witness’ clients will be seamlessly transitioned to the ImageRights service platform and will immediately have access to ImageRights’ fully automated US Copyright Office registration service. Agencies and photographers can register their images with the US Copyright Office through their ImageRights account, either from their ImageRights dashboard or by using the ImageRights Plugin for Adobe Lightroom. ImageRights has successfully registered more 600,000 images with the USCO through the service since its launch less than two years ago.

The Image Witness acquisition also propels ImageRights into the web auditing services market. “Image Witness’ rapid scan image search can be immediately integrated into our existing platform,” said Joe G. Naylor, President and CEO of ImageRights. “We can now deliver extremely fast and accurate image use reporting, accelerating revenue recognition for agencies that previously had to rely on the self-reporting of image use by their largest media and enterprise clients.”

 

The Register of Copyrights Selection & Accountability Act, H.R. 1695 Passed by the House of Representatives

The Register of Copyrights Selection and Accountability Act, H.R. 1695, was passed by the House of Representatives by a vote of 378-48 on April 26th, which would now make the Head of the Copyright Office a Presidential appointee.   This bill will also give the Copyright Office more autonomy over its budget and its technology as well as its operational procedures (staffing, fees, structure, etc.).  DMLA, as a member of the Coalition of Visual Artists, has been supporting this measure as part of our legislative priorities.  Read here.   The bill now moves onto the Senate for a vote.

“The passage of H.R. bill shows that the House of Representatives sees the importance of moving the Copyright Office into the 21st century” says Cathy Aron, Executive Director of DMLA. “It’s time to give the Copyright Office what it needs to serve the creative industries of our nation effectively.  This is a great first step.  We look to the Senate to support the bill in an equally bipartisan way”

The importance of Copyright Office reform has been a major focus of our DMLA’s legal outreach over the last few years through our written comments to the Copyright Office and our lobbying efforts through the Coalition.

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.

 

Copyright Alliance Applauds House Judiciary Committee for Prompt and Decisive Passage of the ‘Register of Copyrights Selection and Accountability Act’ (H.R. 1695)

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

DMLA OPPOSES MARYLAND COPYRIGHT DEMAND LETTER BILL

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.