Category Archives: DMLA

PICHA Stock – Do you speak Swahili?

New in 2017, we are highlighting various DMLA members to give insight into their businesses with Member Profiles.  Visual Connections recently ran this amazing article on one of our members,  Josiane Faubert of PICHA Stock.  We thank VC for allowing us to repost their work and bring you an insight into one of our newest members. Josiane will be speaking at the DMLA 2017 Conference in October with a DMLA Talk.  Read the entire article here.

PICHA – Do you speak Swahili?

New in 2017, we are highlighting various DMLA members to give insight into their businesses with Member Profiles.  Visual Connections recently ran this amazing article on one of our members,  Josiane Faubert of PICHA Stock.  We thank VC for allowing us to repost their work and bring you an insight into one of our newest members. Josiane will be speaking at the DMLA 2017 Conference in October with a DMLA Talk.

©DudefromSA @PICHA

Diversity and Authenticity – the need to have visual media accurately reflect the world has perhaps never been so urgent and necessary. Tell us about yourself and how PICHA Stock came to be:
 
PICHA, is a RF stock photo library specialized in Africa. I started PICHA in 2014 because I felt we needed better representation of Africa in this industry. I am from Gabon and from France and I was always frustrated when trying to find contemporary images of Africans, so I started PICHA with my own collection and now we have contributors from South Africa, Kenya, Ghana and Morocco. My goal is to be able to get contributors from all over Africa.

What is your process for sourcing and working with your photographers to create relevant imagery? Are they exclusively from Africa or do you work with photographers internationally?

We work with photographers internationally, although our sourcing efforts are dedicated to photographers on the African continent. We get a lot of referrals, people who refer photographers they know/love, and we also scout social media a lot to see what people are producing. Word of mouth and social media are key for us.

There is also an investment in time educating on what works and what is relevant in the stock industry.

©JFP @PICHA

The RF business model is certainly the prevailing and most popular at the moment. Sustaining and growing business with lower price points has got to be a challenge – Where do you see PICHA Stock in the market place and how do you plan to firmly establish the collection?

Finding the right balance is a big challenge. The RF model makes things easier for buyers and is becoming the norm. Surviving in this market means finding ways to differentiate yourself. PICHA is very different, we focus exclusively on Africa. Our goal is to show Africa in many ways, especially the modern Africa. PICHA has been growing and buyers especially in Africa are starting to embrace PICHA too.

Distribution is such a vital cornerstone for any collection – what are your plans for reaching markets outside Africa?

PICHA is very careful with other channels of distribution. We have been talking with a few other agencies but we value agencies who can really see PICHA’s collection with real added value, and not just another source for more photos. We are testing a few partnerships at the moment.

Tell us about some of your favorite photos in the collection.

Recently we showcased a few photos for Valentine’s Day and they were quite funny, people’s engagement on social media during valentine’s day quite high.

I am normally fond of images that depict ‘everyday workers’, people who have small shops or who sell on the street. I feel like everyday workers are the soul of any city.

©Adama Traore @PICHA

How long have you been a DMLA member and what has your experience been like so far?

I have been a member of DMLA for a year now and it has been great. DMLA provides many resources and as a small agency, I am really thankful for this, especially the legal resources. The icing on the cake with DMLA is the conference where I’ve been able to meet and learn from great people.

What else would you like the readers to know about PICHA Stock?

PICHA means ‘image’ in Swahili and it is a collection of warm and rich photos of Africa. PICHA is very young and very dynamic. If you are looking for something original and out of the ordinary, PICHA is the site to check.

Thank you Visual Connections!

***

A Note from the President

Hi members,

I wanted to give you all a quick update on the board composition at DMLA.  The board members recently unanimously approved a request from Geoff Cannon for a temporary leave of absence.  I will be serving as acting president during this period.

 

Cathy, the Board, and myself are excited to continue the progress of the organization and our annual conference in October.

 

For any questions, please don’t hesitate to contact me or Cathy.

 

Sincerely,
Andy Yang, CEO 500px
Acting DMLA President

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

DMLA Blog LinkedIn Twitter Facebook

 

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.

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.

 

Berlin University of Applied Sciences Designs New Image Search

In 2014 Kai Bartel, Professor at HTW Berlin (University of Applied Sciences) was a speaker on one of our panels at the DMLA Conference “The Future of Image Search and Retrieval, From Description to Decryption”.  Since that time Dr. Bartel has continued his research in the field of image retrieval and has recently cooperated with pixabay in developing a visual image browsing tool similar to Google maps.  You can find their website here.

Pixabay wrote about their relationship with the University of Berlin and their search tool pics buffet in their blog: “ Picsbuffet was designed and implemented by the Visual Computing Group at the Berlin University of Applied Sciences (HTW Berlin). In order to make this image exploration possible, all images are visually arranged on an “image map” according to their similarities. The currently displayed section of the map can be interactively modified by dragging and zooming with your mouse: more similar images are displayed by zooming in and zooming out provides an overview of thematically related image concepts.  After entering keywords for a search, a region with appropriate results is displayed: The heat map in the upper left corner shows the regions where the corresponding pictures can be found. Clicking on the heat map or on one of the five images below the heat map will jump to the corresponding region. If you click on an image its preview image and a link to the Pixabay page will be shown. Alternatively, you can start a new search for similar images.”

 

You can see their entire blog here.

Dr. Kai thought that DMLA members, especially those who attended the meeting in 2014, would be interested in how their research has evolved.  For more information you can contact him at Kai-Uwe.Barthel@HTW-Berlin.de