Category Archives: Copyright Office

BREAKING: High Court To Tackle Copyright Registration Circuit Split

The U.S. Supreme Court on Thursday agreed to resolve a long-simmering circuit split over whether copyright owners must fully register their works before suing.

The justices granted a petition for writ of certiorari in the case of Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, allowing them to answer a question that has split the circuits: What exactly the Copyright Act means when it says a work must be “registered” prior to the filing an infringement lawsuit.

In several circuits, copyright owners can sue as soon as they file the application paperwork with the U.S. Copyright Office; in others, they can’t sue until the office actually registers or takes action on the application, which can take many months if they don’t pay a significant fee for expedited handling.

Fourth Estate, a journalism collective, sued Wall-Street.com for reposting articles without permission in March 2016. But a federal judge tossed the case two months later, saying Fourth Estate had filed its lawsuit before it had fully registered the copyrights for the articles.

The Eleventh Circuit affirmed that decision in May, telling Fourth Estate that “filing an application does not amount to registration.”

The ruling came after the U.S. solicitor general urged the justices to tackle the issue and affirm the Eleventh Circuit’s position.

“The text, structure, and history of the Copyright Act confirm that the register must have acted on an application for copyright registration — either by approving or refusing registration — before the copyright owner may institute a copyright-infringement suit,” the government wrote. “Petitioner’s contrary arguments are unavailing.”

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!

BlockChain Registration: Proof of Existence Is Not Proof of Ownership

By Joe Naylor, President and CEO of ImageRights

There is a dangerous movement afoot; the idea that registration of your images on the blockchain is a cheap and simple alternative to registration with the United States Copyright Office. It is not.

Those providing copyright registration services based solely on the blockchain will argue that inscribing a hash of your image along with its accompanying metadata creates an immutable record of your copyright ownership. False.

Read the entire article here.

DMLA JOINS IN AMICUS BRIEF VHT v ZILLOW

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

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

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

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

Copyright Small Claims: A Solution for Many Creators

Since the bill Copyright Small Claims Bill, H.R. 3945,  entitled, the “Copyright Alternative in Small-Claims Enforcement Act of 2017” (the “CASE Act”) was introduced by Representative Hakeem Jeffries (D-NY), there have been many articles published in support of this important legislation. Here is a great article to help you understand why this bill is so important to our industry and to all creators.

Copyright Alternative in Small-Claims Enforcement Act of 2017

DMLA is happy to announce our support for the bill by Representative Hakeem Jeffries (D-NY) to create a small claims court within the Copyright Office.  The bill, H.R. 3945,  entitled, the “Copyright Alternative in Small-Claims Enforcement Act of 2017” (the “CASE Act”) is also cosponsored by Representatives Tom Marino (R-PA), Lamar Smith (R-TX), Doug Collins (R-GA), Judy Chu (D-CA) and Ted Lieu (DCA).

Here are links to the press release issued by Rep. Jeffries and his colleagues yesterday announcing the introduction of the bill, a press release issued by DMLA and several other visual artist organizations praising the introduction of the legislation, and the bill, H.R. 3945.

 

 

ImageRights Announces Dedicated Copyright Registration Service

ImageRights International, the global leader in copyright enforcement services for photo agencies and professional photographers, today announced the launch of a dedicated copyright registration service. For the first time, any photographer or agency can register their images with the United States Copyright Office through ImageRights highly efficient and precise copyright service. Previously, only ImageRights members had access to the service.

Read more here

Leading Copyright Enforcement Service Imagerights Announces Dedicated Copyright Registration Service


ImageRights International, the global leader in copyright enforcement services for photo agencies and professional photographers, today announced the launch of a dedicated copyright registration service. For the first time, any photographer or agency can register their images with the United States Copyright Office through ImageRights highly efficient and precise copyright service. Previously, only ImageRights members had access to the service.

ImageRights has successfully registered more than 600,000 published and unpublished images with the USCO through the service since its launch less than two years ago. The application is quick taking only a couple of minutes, simple with a high tech software that auto fills out the form, and most importantly accurate. With error checking technology, users can be assured their applications were filled out with all necessary information to protect images if an infringement claim is ever needed to be pursued. As a result of the accuracy of its applications and the long-standing relationship it has with the examiners at the USCO, ImageRights’ turnaround is among the fastest on the market, taking only a few weeks on average to receive the registration certificates versus the six to eight months cited on the copyright.gov website. Images can be registered through the website or by using the ImageRights Plugin for Adobe Lightroom.

ImageRights also inscribes the USCO registration number, date, status and deposit copies into the Bitcoin blockchain through their Blockchain Inscription Service. By using SHA2, an asymmetric cryptographic function, ImageRights can safely and automatically convert any file into a representative hash value. An effective and much faster alternative to requesting and paying for copies of the deposit copies from the USCO, the hash can be used as validated proof that a file containing the USCO registration information and images covered by the registration existed at that time and can be a valuable tool for expediting settlement negotiations for infringement claims.

“We strongly believe in photographers and agencies registering their images with the US Copyright Office and wanted to make our service readily available to all,” said Joe G. Naylor, President and CEO of ImageRights. “If the USCO form is not submitted the right way or the correct documentation of your work is not kept on file, photographers can be left vulnerable when pursuing an infringement claim. With our services they are 100% protected.”

Photographers and agencies can register their images with the US Copyright Office for $99 plus the Copyright Office filing fee at http://www.imagerights.com/copyrightregistration.

 

COURT PERMITS COPYRIGHT CLAIM TO PROCEED DESPITE ERROR IN REGISTRATION APPLICATION.

For many copyright owners, especially those attempting to register works of visual arts, determining whether a work is published or unpublished for registration purposes is one of the more challenging issues and an impediment to registration. The District Court of the Southern District of New York, in Archie MD, Inc. v. Elsevier, Inc., (No. 16-CV-6614 (JSR), 2017 WL 3601180 (S.D.N.Y. Aug. 20, 2017)) recently clarified the standard by which a copyright registration may be considered valid despite containing inaccurate information.

Read the entire article here.