Category Archives: CEPIC

EU Directive on Copyright in the Digital Single Market

Sylvie Fodor, CEPIC Executive Director, shares their views on the Copyright DSM Directive and the European Parliament’s vote against it.

CEPIC has been working for years with other European institutions on this issue to help protect copyright against online piracy.  Copyright is an issue abroad as well as here in the United States and the works of photographers seems to fall through the gap.  Protecting the rights of creators is an ongoing problem that DMLA also continues to put incredible efforts towards to help find a solution.

You can read the entire article here.

 

CEPIC clarification on the Copyright DSM Directive

It is still time to reach a balanced solution for a fair value sharing in a digital environment

On O5 July 2018 the European Parliament voted against the negotiation proposed by the Legal Affairs Committee, adopted on 20 June 2018, for the EU Copyright Directive proposal.  CEPIC regrets this rejection following four years of tireless work with EU institutions but will continue to work towards a balanced solution for a fair online marketplace for the creative sector and against online piracy.

Giving a free pass to platforms to override copyright kills creativity. Copyright is not against freedom of expression and innovation but, to the contrary creativity is the best nexus of cultural diversity and freedom of expression.

Images online

CEPIC represents hundreds of picture agencies and hundreds of thousands of photographers. CEPIC’s members have been digitizing visual content from the advent of the Internet. They license the resulting digital asset for all kinds of commercial uses, to newspapers, magazines, advertising, broadcasters, off and on-line, etc.

Images are widely shared online via search engines, social media and other aggregators and have highly contributed to make the Internet the vibrant and engaging place we enjoy today.

However, we have seen, over the last decade how heavy weight social media platforms (online content sharing service providers), which have built their success upon the posting and sharing of unlicensed images hide behind safe harbour provisions to avoid fairly compensating rights holders  for the use of their content and shift the liability onto the individual user. These platforms have contributed to fuel the internet with unlicensed content and deprive copyright holders of a stream of revenue.

What is referred as the “value gap” for most copyright material such as music and videos is more accurately called a “value block” for images as there is currently no opportunity for image providers to participate in any type of revenue scheme online. The situation of image providers is exacerbated by the practice of intermediaries distributing user up-loaded content by facilitating “framing”, or embedding.

According to CEPIC members 85% of images shared online by visual search systems are unlawful copies. Once uploaded or framed legitimately on a website, an image will be shared thousands of times leading, according to CEPIC members, to an economic harm of a couple of thousands euros per image. This free “availability” of images has been one major factor leading to decreasing value of images and to the demise of an entire sector.

Copyright online

CEPIC therefore welcomed the provisions in the proposed Copyright Directive which promotes effective licensing agreements between platforms and right holders with the possible, but non-mandatory implementation of effective technologies. It should be stressed that the draft Directive has gone through a long-detailed review of two years and has led to a positive vote of the Legal Affairs Committee on 20 June 2018, taking into account the conclusions of four other Committees.

We therefore regret the fact that MEPs have been targeted by a coordinated campaign of misinformation against the text of article 13 proposed by the JURI Committee, in a scale rarely seen before and in a clear attempt to obstruct the progress of the legislation that is vital for the protection of copyright online. Valid decisions cannot be based on scaremongering and mass intimidation. Clearly this situation calls for clarification.

If the Directive is approved, it will provide a better functioning online marketplace which will aim to:

–          Reinforce the position of right holders to negotiate licensing agreements and be remunerated for the online exploitation of their content on sharing platforms;

–          Fix the value gap by sharing the revenues to creators from the use of their content in online platforms;

–          Create a level playing field in Europe’s Digital Single Market which will stimulate creation of high-quality content;

–          Improve transparency online and give more control to creators by allowing them to determine whether, and under which conditions, their work is used online.

It will NOT:

–            End popular memes, parody or pastiche

Caricatures, parody or pastiche are protected by an optional exception – under Article 5(3)(k) of the 2001 InfoSoc Directive, allowing reproduction and communication of such content to the public and guaranteeing the authors’ freedom of expression.

Therefore, Article 13 of the proposed Copyright Directive will not affect the application of this exception. It only creates an obligation at the level of online platforms and not on their users who will be able to access and post their content.

The proposed Copyright Directive only adds the possibility for authors of memes or parodic content to tackle over-removal by online platforms through the mandatory redress mechanism included in the proposal which means that in case parodic content is removed, the creators of this content will be able to contest the removal and ask the content to be published based on the parody exception in place.

–            Filter the Internet. The proposal does not impose mandatory up-load filters and censorship in the internet.

In fact, the European Data Protection Supervisor has concluded, in its formal comments on the text of Article 13 proposed by JURI report 29.06.2018, that the balance of fundamental rights is preserved by Article 13, considering that the text requires Member States to ensure:

o   that any measure to be put in place must be “proportionate”;

o   the balance between fundamental rights of users and rightholders is preserved and;

o   that no general monitoring obligation of information transmitted or stored is imposed.

The proposal is not targeting users and their capacity to upload content in the internet. It targets large platforms, which have become major sources of access to copyright-protected content to collaborate with rightsholders. These platforms are required to put in place “effective and proportionate measures…in collaboration with the right-holders” to allow the functioning of agreements reached on the use of copyright-protected content, or to prevent the availability of unauthorised content if right-holders prefer not to have their content available on such platforms.

In fact, platforms, such as YouTube already use content ID technology to identify copyright protected content which allows authors to be paid when their content is used online. Other platforms, large and small, resort to third party technology to implement a “Take Down and Stay Down” service. We simply ask that this is standard across all online content sharing service providers.

–          Add an additional burden and barrier of entry on start-ups and other small businesses:

o  Firstly, the directive only targets platforms “with large amounts of user up-loaded content”

o  Secondly, the measures implemented are requested to be “proportionate”

We are facing a crucial time for the future of the creative industry as the Copyright Reform is being voted on. Copyright laws need to be modernised in order to protect the livelihoods of creators.

We will stay mobilized to start negotiating in order to lift all uncertainties left by the overwhelming misinformation campaign orchestrated by those opposed to the Copyright Directive and provide all information for a fair and informed vote on September 12th, 2018.

 

About CEPIC
CEPIC is a European not-for-profit trade association in the field of image rights. CEPIC was founded in 1993 to present a unified voice to advise and lobby on new legislation emerging from Brussels. It was registered as an EEIG (Economic European Interest Group) in Paris in 1999. As the Centre of the Picture Industry, CEPIC brings together nearly 600 picture agencies and photo libraries in 20 countries across Europe, both within and outside the European Union. It has affiliates in North America and Asia. It has among its membership the larger global players such as Getty or Reuters. Through its membership, CEPIC represents more than 250.000 authors in direct licensing.

For more information contact:
Sylvie Fodor
Executive Director
s.fodor@cepic.org
+ 49 177 2332 514
www.cepic.org

Alphabet’s Google acts to comply with EU antitrust order

DMLA has been a member of  Comp for the last few years in support of CEPIC and  EU companies working for a solution to the Google antitrust issue.  It looks like Google is FINALLY coming up with a solution to the anti-competition lawsuit.

It seems like the time is right for the U.S. to revisit the same problems here in our country and help businesses here regain their competitive edge on the internet.

 

SmartFrame, New DMLA Corporate Sponsor, Asks if Technology can Fight Technology

The biggest discussions and debates at the recent CEPIC Congress where centred around Google and our industrys efforts to overcome its dominance on search, and the negative impact it’s having on our on-line licensing and copyright preservation. We also explored emerging revenue opportunities and what the future holds for our industry.

Conversations naturally focussed on legal and lobbying efforts made by industry bodies such as CEPIC, DMLA and BVPA in this area, but we also wanted to highlight to members an emerging technology solution called the SmartFrame, that solves many of the issues discussed in our seminars. Read the entire article 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

The Fight Against Google Continues in the EU

Thanks to our working relationship with CEPIC,  we are kept up-to-date on the latest in the EU fight against Google.  DMLA is been part of ICOMP, which has now joined forces with OIP (Open Internet Project) to bring more pressure on Commissioner Vestager.  There are two related articles to read.  Part of one is below and the link to one from Politico is here.

Welcome to Morning Tech, your beacon of truth when there is fake news around EU’s tech politics and policies.

END OF A EUROPEAN SUCCESS STORY? After a year or so of relative silence, Google’s rivals and opponents are back in the streets, cranking up the pressure on Europe’s Competition Commissioner Margrethe Vestager to act. Last week, it was ICOMP and the Open Internet Project, this week it is Kelkoo tearing into the Shopping case.

The chief executive of Kelkoo, one of Europe’s largest shopping comparison websites, said his firm could go under next year if Vestager doesn’t take serious action in the six-year-old case. “We’ve got to the point where we have nothing left to lose,” Richard Stables told us.

Join the queue, Richard. Foundem, the original complainant, closed its website in December; Yelp announced around that time it was closing its European operations, complainant group ICOMP is pooling its resources with the Open Internet Project, while many other shopping websites have shriveled. And yet Kelkoo’s outburst is significant: It’s a big European player, with a presence in almost two dozen countries and 230 employees.

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!

CEPIC STOCK PHOTO AWARDS OPEN TO DMLA MEMBERS

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The second edition of the CEPIC Stock Photography Awards is organized in cooperation with the agency East News (Poland).

The purpose of the CEPIC Stock Photography Awards is to support traditional stock photography and defend the right of photographers to receive fair compensation for their work.

Members of CEPIC and DMLA and professional photographers cooperating with them can submit their images in the following categories:

  • Cities, buildings, industry
  • Creative and abstract
  • Lifestyle and released people images
  • Nature, Science and Landscape
  • News, arts and sports

There will be first, second and third place winners with prizes of 3000 €, 1500 € and 500 €.

The winner will receive 3000 € and a title of CEPIC Stock Photographer of the Year.

The photos submitted must contain all of the required releases and will be judged in a contemporary stock photography context. An entry code is not required to enter the competition so please inform your contributing photographers to submit images to the CEPIC Stock Photography Awards.

The closing date for entries is the 6th of May 2016.

Shortlisted images will be announced prior to the CEPIC Congress 2016 – Welcome Reception and the winners will be announced during the CEPIC Annual Industry Party on 27th May in Zagreb.

Further information on contest prizes and rules can be found here.

You are welcome to submit your entries now at www.cepic-photography-awards.com

For further information please contact

Ewa Burdynska-Michna

contest@cepic-photography-awards.com

tel: +48 22 211 10 51