Category Archives: DMLA

DMLA SUPPORT STILL NEEDED FOR CASE ACT

Dear Members:

We have had great response from the House for the CASE Act and we now have 31 co-sponsors for H.R. 2436!  The letter writing and meetings with representatives is working, but we can’t stop now.  We still need efforts from all of you to get the support for the bill up to triple digits to assure passage.

Many of you had made the push to get your contributors to participate in this important effort and we are grateful. We know that Serban Enache at Dreamstime sent an email to all of his 500,000 contributors asking them to write to their representatives and also wrote on social media in support of the CASE Act.  Thanks so much Serban.

The bill  is backed by the group of creative associations that DMLA  has been working with over the last 10 years including, ASMP, APA, ASCRL, the Copyright Alliance, GAG, NANPA, NPPA, and PPA. So, we’re off to a great start, but we need to build momentum, and that’s where you come in. DMLA has already written the relevant members of the House Judiciary Committee and the Senate in support of the CASE Act. However, getting a bill passed is hard work. We need to build as much support as possible for the CASE Act before Congress takes its summer break in August. The Representatives and Senators need to hear from their constituents to know that this bill has grass root support in their states and districts.

We’ve made it very simple for you:

  1. Send the attached letter (which you may modify) to your Member of Congress through their contact page
  2. Encourage your photographers to add their voices at the web portal copyrightdefense.com/action
  3. Tweet/use instagram and/or Facebook to show your support for the CASE Act

Thanks so much. We know we can count on you to make sure this important legislation gets all the attention it needs from our DMLA Membership.

 

DMLA Needs Member Support for CASE Act

Dear Members:

May 2, 2019 was a big day for copyright advocacy in Washington D.C. as two companion bills (H.R. 2436 and S. 1273 ) were introduced in both the House and the Senate creating an alternative forum for hearing copyright infringement cases of relatively lesser value entitled the Copyright Alternative in Small Claims Enforcement Act (CASE Act).  The legislation, creates a small-claims process for creators and businesses whose work is infringed to be heard by a tribunal within the Copyright Office, without the need for attorneys, or personal appearances. The monetary limit  is $30,000 for two works

These bills have bipartisan support, which  is rare and very encouraging. The bill  is backed by the group of creative associations that DMLA  has been working with over the last 10 years including, ASMP, APA, ASCRL, the Copyright Alliance, GAG, NANPA, NPPA, and PPA. So, we’re off to a great start, but we need to build momentum, and that’s where you come in. DMLA has already written the relevant members of the House Judiciary Committee and the Senate in support of the CASE Act. However, getting a bill passed is hard work. We need to build as much support as possible for the CASE Act before Congress takes its summer break in August. The Representatives and Senators need to hear from their constituents to know that this bill has grass root support in their states and districts.  So, we are asking you to do the following:

  1. Send the attached letter (which you may modify) to your Member of Congress through their contact page
  2. Encourage your photographers to add their voices at the web portal copyrightdefense.com/action
  3. Tweet/use instagram and/or Facebook to show your support for the CASE Act

Thanks so much. We know we can count on you to make sure this important legislation gets all the attention it needs from our DMLA Membership.

Warm regards,

Nancy Wolff, DMLA Counsel                                                                                                                       Cathy Aron, DMLA Executive Director                                                                                                       DMLA Legal Committee

Fourth Circuit Rules in Favor of Stock Photographer Russell Brammer

In October 2018 DMLA filed an amicus brief in support of photographer Russell Brammer’s appeal to the Fourth District over a questionable Virginia district court decision, which held that production company’s use of his stock photo of a Washington, D.C. neighborhood on a website promoting a film festival was fair use.

Our focus was on the extent of the market harm -and the impact the lower court’s decision would have on the licensing industry if this type of fair use of an image became widespread. Other visual artists associations as well as the Copyright Alliance, submitted amicus briefs on behalf of the photographer addressing other factors. This is great example of the industry coming together to correct a decision that if left to stand, could adversely affect the rights of content owners and members of DMLA if other courts followed the lower courts fair use analysis.

In the decision released on April 26, 2019, the Fourth Circuit determined that Violent Hues Productions, LLC’s use of a cropped version of photographer Russell’s photo of Adams Morgan in a list of tourist attractions on a website promoting the Northern Virginia International Film and Music Festival did not qualify as a fair use.

This is also another good example of DMLA’s advocacy and how we use your dues monies to work for the benefit of the industry and your business.

Read the entire article here

Fourth Circuit Rules in Favor of Stock Photographer, Overturning Questionable Fair Use Decision (Brammer v. Violent Hues Productions, LLC(4th Cir. 2019))

By Sara Gates and Nancy Wolff CDAS

The rights of a stock photographer were recently vindicated when the U.S. Court of Appeals for the Fourth Circuit overturned a questionable Virginia district court decision, which held that a production company’s use of a stock photo of a Washington, D.C. neighborhood on a website promoting a film festival was fair use.  In the decision released on April 26, 2019, the Fourth Circuit determined that Violent Hues Productions, LLC’s use of a cropped version of photographer Russell Brammer’s photo of Adams Morgan in a list of tourist attractions on a website promoting the Northern Virginia International Film and Music Festival did not qualify as a fair use.

The case focuses on the photograph “Adams Morgan at Night,” which Brammer shot from the rooftop of a building in the Washington D.C. neighborhood in 2011.  Experimenting with various shutter speeds and aperture combinations, Brammer photographed a busy street full of passing cars that appear as trails of red and white lights.  He published a digital copy of the photo on his website and on Flickr with a “© All rights reserved” notice, and later licensed the photo for online use.

Years later, in 2016, Violent Hues downloaded the photo—presumably from Flickr, while overlooking the rights notice—and proceeded to crop out the negative space before posting it on http://novafilmfest.com, necessitating the litigation.  After the district court absolved Violent Hues of liability under the fair use doctrine, Brammer appealed the decision, asking the Fourth Circuit to set the record straight.

The Fourth Circuit did just that when it engaged in a thoughtful analysis of the fair use factors and considered the arguments raised by each side.  Its decision is instructive as it adds to the wealth of case law on how to interpret the complex and nuanced doctrine of fair use.

Purpose and Character of the Use

For the first factor, the Court considered whether Violent Hues did anything to transform the work.  The Court rejected Violent Hues’ suggestion that the analysis should focus on the subjective intent of the parties and instead compared Brammer’s photo and Violent Hues’ use, as it appeared on the website, side-by-side.  The only obvious change, the Court noted, was the cropping, which generally is non-transformative.

The Court also rejected Violent Hues’ contextual argument, in which they claimed that they transformed the photo by putting it on a list of tourist attractions.  While courts have found minor contextual changes to be sufficient in two specific instances—raw material for technological functions and documentary uses—the Court found that Violent Hues’ copying did not fall within either category.

As Violent Hues’ use of the photo was also for a for-profit film festival, and Violent Hues’ did not have to pay the customary fee for its use of stock image, the Court found this factor ultimately weighed against fair use.

Nature of the Copyrighted Work

The Court’s consideration of the second factor focused on the thickness versus the thinness of the author’s rights, noting that some works are closer to the core of intended copyright protection that others, which should be entitled to only thin copyright protection.  Here, the Court found the photo was entitled to “thick” protection, considering Brammer’s many creative choices, such as the location, shutter speed and aperture combinations, uses of vivid colors, and birds-eye-view angle.  The Court noted that photos are generally viewed as creative, even if they capture images of reality, and have long received thick protection.

Additionally, the Court noted that publication status of the photo was not relevant fair use analysis.  Unlike in the case of literary works, where the right of first publication is paramount, photos are often intended for repetitive viewing, so the publication consideration is different in the area of photography. The Court summed it its point as follows: context matters.  Accordingly, the Court found that this factor also weighed against fair use.

Amount and Substantiality of the Portion Used

The Court’s analysis of this factor was straightforward, as it was clear that Violent Hues used roughly half the photo by cropping out the negative space, but kept the most expressive features, i.e., the heart of the work.  While a substantial taking can still constitute fair use, if it is justified (requiring the Court to look back to the first factor), here, the taking was not justified.  This factor also weighed against fair use.

Effect on the Market

For the fourth factor, the Court consider both the extent of the market harm and whether Violent Hues’ conduct, if widespread, would result in a substantially adverse impact to the photos’ potential market.  Here, the Court found a presumption of market harm, which exists when commercial use is not transformative, but amounts to a mere duplication.  Though Brammer was not required to present any evidence to show the negative effect on the licensing market for the photo, given that the Court found the presumption applies, he did so, showing that he received a $1,250 fee in one instance.  The Court noted that Brammer would have missed out on this fee if the company that decided to license his photo had instead opted to act like Violent Hues. Thus, this factor weighed against fair use as well.

As all four factors weighed against fair use, the Court’s balancing test was fairly easy: no fair use.  The Court signed off with this reminder the there is no difference between copying photos for print use versus online use: “What Violent Hues did was publish a tourism guide for a commercial event and include the Photo to make the end product more visually interesting. Such a use would not constitute fair use when done in print, and it does not constitute fair use on the Internet.”

DMLA’s Interest

DMLA filed an amicus brief in favor of the photographer, specifically addressing the fourth factor – extent of the market harm -and the impact the lower court’s decision would have on the licensing industry if this type of fair use of an image became widespread. Other visual artists associations as well as the Copyright Alliance, submitted amicus briefs on behalf of the photographer addressing other factors. This is great example of the industry coming together to correct a decision that if left to stand, could adversely affect the rights of content owners and members of DMLA if other courts followed the lower courts fair use analysis.

 

DMLA Legal Update

by Nancy Wolff, DMLA Legal Counsel

On April 8, 2019 I participated in a Copyright Office roundtable on behalf of DMLA  regarding the Copyright Office’s preparation of a Section 512 report, which relates to immunity Internet Service Providers may be entitled to under the Digital Millennium Copyright Act if they comply with various provisions. The roundtable was intended to update the study’s record from 2017 and to review the law, especially the caselaw, that has changed in the intervening years. There were a few cases that looked at whether an ISP would lose the safe harbor immunity based on failure to adopt  a policy for repeat infringers, and further cases that have required actual notice of each URL that contains infringing material, eliminating or narrowing statutory language that includes notice based on facts or circumstances that would make one aware of the infringing activity (known as “red flag” knowledge”).

Participants were divided into four panels, three on domestic issues and one on international developments. Representatives from the Copyright Office asked direct questions on each of the four panels. The last panel on international developments  included comments the new EU directives that appear to require ISPs to take more responsibility in policing for infringements. At the end of the sessions there was an open mike.

Copyright Office representatives included Regan Smith, General Counsel, Brad Greenberg, Counsel for Policy & International Affairs, Kevin Amer, Deputy GC, Kimberley Isbell, Senior Counsel for Policy and International Affairs, and Maria Strong, Deputy Director of Policy and International Affairs.

Representatives from the content community including the Copyright Alliance, RIAA, MPAA, Authors Guild AAP, RIAA, NPPA and a few individual creators were in attendance. For the content side representatives of Google, Facebook and Etsy among others were there.  DMLA is a member of the Copyright alliance, whose staff prepared helpful summaries of the relevant cases that have been decided since the last panel

The themes discussed were similar to three years ago. The content industry saw no change in the burden of the notice and take down regime, and many were choosing to give up. The message was that cases have construed the statutory language in such a way that here is little incentive for ISP’s to cooperate in reducing infringing content. The content community was hoping that trends in the EU may spill over and help in the US.  Conversely, the IPS community believed that the statute and court cases struck the right balance.  The next step is for the Copyright Office to prepare a report to Congress. Whether Congress has an appetite to change Section 512 is another question.

DMLA Board Welcomes New Members

DMLA is pleased to announce two new members to its 2018-2020 Board.  Ben Sachs, will serve as a Member-at-Large on the Executive Board.  Ben is currently the SVP and General Counsel for Storyblocks, a subscription stock media service.  His video background will be an asset to the  association.

James Allsworth joins the Board as the Chair of the Ethics and Grievance Committee.  James is the Contributor Experience Manager at Alamy and has worked there since 2004.  His experience with photographers and content will be beneficial to our discussions going forward.

We still have openings on many of our committees and encourage your participation.  Please contact Cathy Aron, DMLA Executive Director, cathy@digitalmedialicensing.org,  if you are interested.

 

General Data Protection Regulation Form

The General Data Protection Regulation, GDPR,  that goes into effect on May 25, 2018 will require companies that do business in the EU to provide a form to the companies that they are dealing with.  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.

Here is a form that you can use to facilitate this process.

GDPR Privacy Policy Form

FORM PRIVACY POLICY – May 2018

THIS FORM PRIVACY POLICY SHOULD BE MODIFIED TO CONFORM TO YOUR ACTUAL USE OF INFORMATION IN EACH INSTANCE.  DO NOT USE THIS FORM WITHOUT REVIEWING IT CAREFULLY AND MAKING SURE ALL USAGE OF INFORMATION IS ACCURATE.  YOU SHOULD REVIEW THIS FORM WITH YOUR ATTORNEY.  ITEMS IN BRACKETS SHOULD BE CUSTOMIZED TO YOUR BUSINESS OR DELETED AS THEY MAY APPLY TO SPECIALIZED SERVICES THAT ARE NOT APPLICABLE TO ALL DMLA MEMBERS.

DUE TO THE RECENT EUROPEAN GENERAL DATA PROTECTION REGULATION, WHICH IS IN EFFECT AS OF MAY 25, 2018, CERTAIN ADDITIONAL COMPLIANCE REQUIREMENTS MAY BE NECESSARY IF YOUR WEBSITE IS USED IN THE EUROPEAN ECONOMIC AREA. FOR EXAMPLE, IF YOUR COMPANY COLLECTS CERTAIN “SPECIALIZED” PERSONAL DATA SUCH AS GENETICS, RACE OR ETHNICITY DATA, POLITICAL OPINIONS, ETC., YOU ARE REQUIRED TO APPOINT A “DATA PROTECTION OFFICER.” IF YOUR COMPANY HAS MORE THAN 250 EMPLOYEES, YOU WILL BE REQUIRED TO KEEP MORE DETAILED RECORDS OF WHAT DATA YOU COLLECT AND HOW YOU USE IT, SUCH AS YOUR REASONS FOR PROCESSING THE DATA, A DESCRIPTION OF DATA BEING PROCESSED, DETAILS ON RECIPIENTS OF THE DATA, DURATION OF RETENTION, DETAILS ON TRANSFERS OUTSIDE OF THE EU, AND AN OVERVIEW OF THE SECURITY MEASURES YOU EMPLOY.

[INSERT COMPANY NAME] (“Company”, “we”, or “Us”) is committed to respecting your privacy. This Privacy Policy describes how Company collects, uses, and retains personal information to enable us to do business with you and improve our services. “Personal Information” includes any information that relates to, identifies, or can be used to identify, contact, or locate the person to whom such information pertains.

The terms of this policy apply to [all of Company’s websites/Company’s website: http://www.______.com/ ([collectively] the “Site”), unless different terms are otherwise specified or provided to you

By using this Site, you understand and agree to the terms of this Privacy Policy. This Site is operated in [the United States/_______] and may be accessed abroad. For data protection purposes, Company is the controller and, unless otherwise noted, is also the processor of data. Personal Information collected may be retained, and may be stored, processed, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of your home jurisdiction.

We do not sell, rent, or share your Personal Information to or with third parties in any way other than as disclosed in this Privacy Policy.

UPDATING YOUR PERSONAL INFORMATION AND PRIVACY PREFERENCES

Upon request Company will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. To request this information please contact us at [privacy@company.com].

You have the right to access and correct or revise your Personal Information and privacy preferences at any time [by visiting the “_______” section of the Site and/or] by contacting us at [privacy@compay.com]. We will respond to your request within a reasonable period of time.

WHAT PERSONAL INFORMATION WE COLLECT AND RETAIN FROM CUSTOMERS

When you visit this Site some Personal Information may be collected automatically as part of the Site’s operation. This information may include your IP (Internet Protocol), your browser type, access times,[ the website that referred you to us,] and navigational information such as the pages you view on the Site. We collect information about your use of the Site and our other customers in the aggregate to learn more about how our Site is used by our customers in order to improve our service and our Site.

When you register online with us, we collect the Personal Information you provide to us, including your name, address, job title, company name and company type, phone number, email address, password, and [INSERT ANYTHING ELSE YOU COLLECT]. You may choose not to provide this information by not registering with us, however certain products and services on the Site are only available to you upon registration. Registration enables you to access higher resolution content [and to enter into a license to use content for comp purposes].

[If you use our mobile apps, we collect information on the type of device you use, and operating system version. We do not ask for, access, or track any location-based information from your mobile device at any time.]

If a password is used to protect your account and Personal Information, it is your responsibility to keep your password confidential.

PERSONAL INFORMATION WE COLLECT AND RETAIN FROM CONTRIBUTORS

In addition to the Personal Information collected from general users of the Site, if you contribute content to us for licensing you may be asked to provide your Personal Information such as your name, phone number, primary address, and email address. We may verify this information by asking you to [upload a scan of a government issued ID (which will be stored securely on our servers), or] provide a credit card number.

In order to pay you and report sales to you, you will be asked to provide certain Personal Information such as payment information, payment method, payment emails, tax information; [INSERT WHAT OTHER INFORMATION YOU NEED].

Some of this information is mandatory and if you choose not to disclose, we may not be able to engage in any activity with you.

HOW WE USE YOUR PERSONAL INFORMATION

When you license content from us, we collect your username, password, full name, telephone number, email address and postal address, [company name, company title,] credit card number, and other Personal Information to process your orders and complete the license transaction, for license transaction history record keeping purposes, or to receive products or services. Your email address is used to confirm the licensing transaction.

We may contact you using your email or other Personal Information to respond to customer requests and inform you of special offers services.

We may ask you questions relating to your user preferences in order to better serve you and improve the use of our Site. Providing information regarding your usage and preferences is always voluntary.

We may contact you to administer promotions or sweepstakes you enter and notify you of the results.

We collect Personal Information regarding your orders, your use of the Site, and other account information as part of your sales history with us.

We may disclose to carefully-chosen third parties navigational and transactional information in the form of anonymous, aggregate usage statistics and demographics, but only in forms that do not reveal your identity or other confidential information.

We may contact you to investigate or take any action regarding illegal activity or any violations of our terms of service.

We may disclose Personal Information if required by law (for example, to comply with a subpoena, warrant, court order, or legal process) or when necessary to protect our rights, avoid litigation, protect your safety or the safety of others, investigate fraud, and/or respond to a government request. We may also disclose information about you if we determine that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.

DATA RETENTION

We will retain your Personal Information for as long as your account is active, your information is needed to provide you services, or as required to fulfill our legal obligations, resolve disputes, and enforce our agreements. If you wish to delete your account or request that we no longer use your information to provide you services contact us at [privacy@company.com]. We will respond to your request within [30 days].

If you are a contributor and have submitted model releases with any content, we will retain the releases to comply with our legal obligations, dispute resolutions, licensing transactions, or to enforce our contractual obligations. We will not publicly disclose any Personal Information regarding any model.

ABOUT COOKIES

When you visit Company’s Site, a text file called a cookie is placed in the browser directory of your computer’s hard drive. A cookie is information that a website can store on your web browser and later retrieve. The information that cookies collect includes the date and time of your visit, your registration information and your navigational and licensing information. It allows the web browser to recognize the pages you have been to when you are visiting the Site and allows you to quickly return to viewed pages. We may also use “web beacons” that monitor your use of our Site. Web beacons are small strings of code that provide a method for delivering a graphic image on a web page for the purpose of transferring data, such as the IP  address of the computer that downloaded the page on which the web beacon appears, the URL (Uniform Resource Locator) of the page on which the web beacon appears, the time the page containing the web beacon was viewed, the types of browser that fetched the web beacon and the identification number of any cookie on the computer previously placed by that server.

When corresponding with you via HTML capable e-mail, web beacons let us know whether you received and opened our e-mail.

You may adjust your browser to reject cookies from us or from any other website. Additionally, by setting your web browser to display HTML e-mails as text only, you may be able to prevent the use of some web beacons. Please consult the “Help” section of your browser for more information. [However, certain areas of our Site can only be accessed in conjunction with cookies or similar devices and you should be aware that disabling cookies or similar devices might prevent you from accessing some of our content.]

DIRECT MARKETING

If at any time you decide that you do not want to receive marketing emails from us you will have the option of opting out and/or unsubscribing from our emails and mailing lists by adjusting [your “Personal Information Preferences”] as follows: [(1) checking or unchecking the appropriate box on your online registration form [or the “xxxxxx” page of the Site]; (2)[ contacting your Account Executive]; or (3) sending an email to [privacy@company.com]]. If you chose not to receive marketing emails, you may continue to receive transactional or account emails (e.g., purchase confirmations and account balance statements).

FORUMS & OTHER INTERACTIVE SERVICES

Our websites may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the sites (“Interactive Areas”). If you use an Interactive Area, you should be aware that these areas are open to the public and any personal information you post or provide at registration may be viewable by others. We are not responsible for personal information you submit in connection with the Interactive Areas, nor are we responsible for how others might use that information, including to send you unsolicited messages. Interactive Area postings may be retained indefinitely. If at any time you would like to remove a posting, please email us at [privacy@company.com]. Keep in mind that removal of a posting from an Interactive Area does not mean that the posting will be deleted from our systems.

SECURITY OF OUR DATA

Whenever you submit an order to Company, you can do so over a secure (i.e., encrypted) connection. This ensures that your personal information is not at risk. Additionally, we encrypt your credit card information and store it in a secure location, which can be accessed only by authorized personnel. As no method of transmission over the Internet, or method of electronic storage is 100% secure, while Company uses commercially reasonable methods to protect your personal information, we cannot guarantee that it is absolutely secure. In the unlikely event that an unauthorized third-party compromises Company’s security measures, Company will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate your information.

REVIEWING, UPDATING, OR CORRECTING YOUR INFORMATION

If at any point you wish to access your personal information to (1) change your preferences, (2) review the accuracy, or (3) correct, supplement or modify your information, you may make a written request to [insert email address].

CHANGES IN PRIVACY POLICY

Company reserves the right to amend the Privacy Policy from time to time at its sole discretion and will provide notice by email or on the home page of the Site when we make material changes to this Privacy Policy prior to the change becoming effective.

LINKS TO THIRD PARTY SITES

Our Site includes links to other sites whose privacy practices may differ from those of Company. If you submit personal information to any of those sites, your information is governed by their privacy policies. Please review the privacy policy of any Web site you visit.

SOCIAL MEDIA

On some pages, we allow you to share Personal Information with third parties, such as social networks like Facebook. In these instances, you are agreeing to the data being shared and the shared data is subject to the privacy policies of the third parties. We do not control and do not assume any responsibility for the use of personal information by such third parties. For more information about the third party’s purpose and scope of their use of personal information in connection with sharing features, please visit the privacy policies of such third parties.

REFERRAL PROGRAM EMAILS

If you choose to use our referral service to tell a friend about our Site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

Your friend may contact [privacy@company.com] to request that we remove this information from our database.

CHILDREN

We do not intend to solicit or collect Personal Information from anyone under the age of 18. If you are under 18, do not enter information on this site or engage our services. If you believe a child of yours under the age of 18 has entered Personal Information please contact [INSERT EMAIL] to have the data removed and terminate the child’s account.

CONTACT INFORMATION

Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their Personal Information. Subject to any exemptions provided by law, if you live in this area you have the right to request access to your Personal Information, as well as to seek to update, delete, or correct this Information.

[If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this Web site, you can contact our Data Protection Officer at ______________][privacy@company.com].

You can contact Company by emailing [INSERT EMAIL, PHONE, and ADDRESS].

SOME COMPANIES ELECT TO SUBSCRIBE TO A SERVICE THAT ALLOWS YOU TO SELF-CERTIFY THAT YOUR PRIVACY POLICY IS COMPLIANT WITH GDRP AND OTHER INTERNATIONAL DATA PROTECTION LAWS. ONE SERVICES IS PRIVACY SHIELD.  IF YOU ELECT TO SUBSCRIBE TO PRIVACY SHIELD YOU MAY ADD THESE PARAGRAPHS, AND TO SUBSCRIBE, YOUR PRIVACY POLICY WILL BE REVIEWED.

PRIVACY SHIELD

Company has certified under the EU-U.S. and Swiss-U.S. Privacy Shield frameworks (individually and collectively, “Privacy Shield”). Company complies with the Privacy Shield as set forth by the U.S. Department of Commerce regarding the collection, use, transfer and retention of personal information from European Union member countries and Switzerland. Company has certified that it adheres to the Privacy Shield based on Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. To learn more about the Privacy Shield programs, and to view our certification pages, please visit https://www.privacyshield.gov/. If you would like to exercise any of your data protection rights (including the right to have your personal information disclosed or deleted), please contact us using the “Contact Information” below.

U.S. FEDERAL TRADE COMMISSION ENFORCEMENT

Company’s commitments under the Privacy Shield are subject to the investigatory and enforcement powers of the United States Federal Trade Commission.

SUPPORT NEEDED FOR CASE ACT!!

I’m sure that you’re aware we been working for the last few years with a group of other associations on what is now the CASE Act (HR#3945) the SMALL CLAIMS TRIBUNAL BILL, a bill by Representatives Hakeem Jeffries (D-NY), Tom Marino (R-PA), Doug Collins (R-GA), Lamar Smith (R-TX), Judy Chu (D-CA), and Ted Lieu (D-CA). The bill is ready for write-up and we are now awaiting a date for that to happen based on a couple of issues still being worked out, but it looks like it could be as early as next week.

It has come to our attention that so far only about 2200 letters have been received by the Copyright Alliance platform which is less than 5 letters per member of Congress–barely even noticeable. We have been told by the players on the Hill that the passage of this bill will come down to grassroots support and this is a very poor showing. They need to see that we are behind this important bill for creators!

We need every member and their photographers and their adult children, friends and neighbors to send letters to their representatives!

I am asking you to send out a plea to your staff and photographers to help us get this bill passed by contacting their representatives. It is really easy. There are letters ready for them to use here. If we fail and small claims doesn’t make it through this year, it will be very difficult to get it passed in subsequent years. THIS IS OUR CHANCE! Please help all creators protect their copyrights!

Thanks so much for your help!

DMLA’s Amicus Brief Supports Argument as Oracle defeats Google Fair Use Argument over Java Code Packets

Last week the U.S. Court of Appeals for the Federal Circuit reversed the U.S. District Court for the Northern District of California’s ruling of fair use in Oracle America, Inc. v. Google LLC, and held that a verbatim and non-transformative taking in the presence of an actual or potential licensing market fatally undermined the defense.

Even in industries unrelated to computers, mobile devices, software, and source code, the court’s broad pronouncement that “[t]here is nothing fair about taking a copyrighted work verbatim and using it for the same purpose and function as the original in a competing platform” is both powerful and beneficial to creators and licensors of copyrighted content. DMLA’s amicus brief with the support of the coalition of Visual Artists– and one of many amicus briefs in this hotly contested case– helped explain to the court of appeals the importance of licensing markets in fair use cases in general. Ultimately DMLA supported the winning argument and contributed to the creation of appellate-level precedent that will help image licensors everywhere in responding to many infringement claims, as it turns on harm to the licensing market.

Read the entire article here