Copyright Office Fee Increase Survey

Dear DMLA Members and Friends of DMLA:

The U.S. Copyright Office has released a Notice of Proposed Rulemaking announcing fee increases for copyright registration and other services. The proposed fee increases are based on a Study Report released by the U.S. Copyright office. Fee increases for services will be implemented as the U.S. Copyright Office moves forward with their plans for IT modernization.

Visual creators’ professional organizations and advocates are concerned about how these fee increases will affect visual creators, licensing agents, and related professionals. We will be submitting a Comment Letter to the U.S. Copyright Office about the proposed fee increases. We have created a survey to gather information and feedback from creators who will be impacted by registration fee increases. We will be submitting the survey results to the Copyright Office. The survey is completely anonymous.

We need your help by taking 15 minutes for a short survey. The survey is anonymous and all responses are confidential. We will use this data to support our response to proposed changes in U.S. copyright registration.

The survey will close at midnight on September 7, 2018.

 2018 Copyright Office Proposed Registration Fee Increase survey LINK https://www.surveymonkey.com/r/GGV59XY

Survey link for social media https://www.surveymonkey.com/r/WY67XHK

Please pass this along to other artists, photographers, and related professionals you know and urge them to take the survey, too!

Sincerely,

The Coalition of Visual Artists:

American Photographic Artists

American Society of Media Photographers

Digital Media Licensing Association

Graphic Artists Guild

National Press Photographers Association

North American Nature Photography Association

Professional Photographers of America

PLUS Coalition

American Society for Collective Rights Licensing

Eugene Mopsik

Shaftel & Schmelzer

SMARTFRAME ANNOUNCES NEW GROWTH

 

SmartFrame has developed a revolutionary, patent-pending new image format for the internet that seeks to redefine and become the ubiquitous digital image standard. Having spent 5 years developing the technology and building the infrastructure to support exponential growth, SmartFrame is now seeing the technology being adopted by photographers, picture agencies, publishers and brands globally and is on target to having over 1 billion SmartFrames on the Internet in the next 4 years.

Read the entire article here

SUBSTANTIAL GROWTH FOR SMARTFRAME TECHNOLOGIES LTD

 

 

“SmartFrame has developed a revolutionary, patent-pending new image format for the
internet that seeks to redefine and become the ubiquitous digital image standard.”

Having spent 5 years developing the technology and building the infrastructure to support
exponential growth, SmartFrame is now seeing the technology being adopted by photographers, picture agencies, publishers and brands globally and is on target to having over
1 billion SmartFrames on the Internet in the next 4 years.

SmartFrame provides its users with unprecedented protection of their digital assets, persistent attribution, world class pixel-perfect presentation, audience engagement through custom overlays and calls to action, controlled sharing tools and full tracking and analytics data, whilst also providing the ability to update their SmartFrame’s dynamically and retrospectively, leaving them in full control at all times. SmartFrame have also developed in-image advertising options allowing it’s users to either set campaigns for their own in-house marketing and advertising purposes wherever they are displayed on the Internet, or opt in for SmartFrame to monetize their content for them via their programmatic advertising functionality.

SmartFrame is an embeddable format and as simple as embedding a YouTube video, Imagine your image content going viral and getting paid every time your image is viewed!

SmartFrame is proud to announce the closing of a further £1.5m funding round, and a
number of exciting new appointments and developments.

SmartFrame is delighted to announce they are completing a further £1.5m round of funding, bringing a total of £4.3m of investment into the business to date. The funding has been secured from some of the UK’s most prominent business leaders and angel investors.

In addition to the funding raised, existing shareholder James Rutherford, Head of European Equities at Hermes SourceCap has been appointed as Chairman of the Board.

The SmartFrame executive team in London has also expanded to include; Rob Staunton as Global Director of Programmatic Advertising, Phil Nott as Sales Director and Cayle McNair as Marketing Manager. In addition SmartFrame’s Berlin office have welcomed Product Manager, Alexander Gloeckner to the team. The company is currently counting 23 full-time staff across London, Berlin and Krakow with additional recruitment underway.

September will see the company launch their new self-service platform with a Freemium subscription plan, along with a number of easy integration tools and plugins to follow, supporting mass adoption of the format to the wider internet, and underpinning SmartFrame’s mission: “ to redefine the digital image standard ”.

Finally, SmartFrame will be present at several International events this year. Up next, the team will be exhibiting at the Digital Marketing World Forum (DMWF) in Amsterdam. They will also be at the London eCommerce Expo exhibiting in the Innovation section. They are a proud sponsor and will be presenting at this year’s BAPLA Focus in London. In October, SmartFrame will also be the joint Platinum sponsors, in partnership with Image Rights International at the Digital Media Licensing Association (DMLA) in Los Angeles.

In reaction to the substantial growth and success of SmartFrame, CEO Rob Sewell, has commented:

“It’s remarkable to see how far SmartFrame has come, having expanded from 3 to 23 FTE’s,with offices set up in London, Berlin and Krakow, and over £4m of funding secured to date.
The company has attracted top talent and Investment across the board and is now entering a stage of rapid expansion and evolution with an anticipated headcount of 60 FTE’s this time next year.
Watch this space as we announce some major global partnership launches in the coming months.”

For further press info, interviews and images please contact:

Cayle McNair, Marketing Manager, SmartFrame Technologies

T: +44 (0) 7850 195 087

E: cayle.mcnair@smartframe.io

Please visit

West Coast Footage Meet-Up

ACSIL’s LA Meet-Up on Saturday October 20, 2018 (the day before the DMLA 2018 Conference) is a prime opportunity to present your footage collection to a motivated audience of footage buyers. With co-sponsor’s CLEAR and the IDA, this event is sure to attract the top audio-visual researchers and documentary filmmaker from the Los Angeles production community.  You don’t want to miss this opportunity. To book an exhibition table cut & paste the link below into your browser and fill out the online form.

Association of Commercial Stock Image Licensors
Reserve Your Exhibition Table Now at the

West Coast Footage Meet-Up
Saturday, October 20, 2018
Getty Images, Los Angeles
6300 Wilshire Blvd, 16th Floor
Los Angeles, CA 90048

1 Networking Event – 3 Panels, 3 Perspectives – 100% Footage
Schedule:

2 pm – 3 pm Meet the Archives
3 pm – 6 pm Engage with Panels by ACSIL, CLEAR, & IDA
5 pm – 7 pm Network at the Reception

Exhibition Tables

Reserve a table by Monday, September 17, 2018, at: https://goo.gl/forms/hAInV8pP8tmebfrP2

Fees
$250 for ACSIL Members
$500 for Non-ACSIL Members

Details
4 ft rectangular table with linen, chair, and table sign
No AV is provided, but exhibitors can bring their own laptop or monitor that must sit on the table
Electricity and internet access provided
No backdrop signage or deliveries
Space is limited, and your reservation will not be complete until payment is made via emailed invoice
FREE Valet Parking

THE PANELS

ACSIL’s, Association of Commercial Stock Footage Licensors, panel will bring leaders from the world’s most important archives to discuss the challenges and successes of stock footage industry, and provide attendees with a sneakpeak of the upcoming ACSIL General Survey 4 (global view on footage industry).

CLEAR’s, Association of Clearance and Research Professionals, panelists will share their expertise on rights and clearance administration for film and television, which all footage sellers, rights managers, producers, and researchers will not want to miss.

IDA, International Documentary Association, has created a community of the world’s best documentary makers that are ushering in a “golden age” of archival footage use in production, looking to researchers to make a deep dive into archives for the best and most unique footage, and pushing for more flexible clearance deals. This panel will explore how documentary artists are producing their projects, working with archives, finding footage, and getting footage cleared now.

Established in 2003, the Association of Commercial Stock Image Licensors (ACSIL) is a not-for-profit trade association representing the interests of the stock footage community. ACSIL members are the world’s leading providers of stock and archival footage. For more information, visit www.ACSIL.org

Our mailing address is:
Matthew White
Executive Director
Association of Commercial Stock Image Licensors (ACSIL)
Silver Spring, MD

www.acsil.org
communications@acsil.org

 

 

Alamy announces that current CEO Andy Harding will leave the business by mutual consent. Alamy Chairman, James West will resume accountability as CEO with immediate effect.

James West commented “We would like to thank Andy for his significant contribution to the business since his arrival last year and we wish him every success in his future endeavours.”

Two Industry Icons, Anita Duncan and Woodfin Camp, Pass Away

It is with deep regret and sadness that we report the passing of two digital media icons.

Anita Duncan was ASPP’s 2005 Picture Professional of the Year, and served as national Membership co-Chair from 2015-2016. Anita has been actively involved with ASPP since its inception in the 1960’s and was one of the early “brown bag lunch group” that later became ASPP.

Anita was a friend and mentor to many in our business and will be sorely missed.

After numerous jobs throughout the country she found the love of her life, New York City, where she lived for over 50 years. Using her art degree, she worked as a college and elementary school textbook designer, book editor, photo researcher and director of editorial licensing. Sixteen months of that NYC time were spent working for Marvel Comics, where she became friends with Spiderman! She was named Picture Professional of the Year by The American Society of Picture Professionals in 2005. When she retired in 2012, she was director of Marketing & Permissions for a stock photography agency – Science Source – originally known as Photo Researchers.

Her love of New York was evident in the artwork on her walls and the Playbills programs she saved from the hundreds of Broadway shows she attended. She returned to Evansville during the summer of 2014 to organize the story of her “art full” life with an exhibit at the Evansville Museum. The 70 years retrospective was on exhibit from August 8th to October 4th, 2015 and is now part of the museum collection.

Woodfin Camp, better known as “Woody” passed away on July 25th, 2018 after a long battle with Alzheimer’s. Woodfin Camp Associates was an old member of PACA back in the early days of the Association and a supporter of the organization for many, many years. His agency was located in NYC and was home to many in the industry who got their start in the four walls of his company

His family and friends will gather to remember “the generous, loving, dapper, gracious, funny, loyal and workaholic” person that he was in the fall.

May they both rest in peace.

FAIR USE OR INFRINGEMENT?

Industry experts have been scratching their heads after a U.S. judge ruled an image, taken from the website of a professional photographer and used by a film festival online, was fair use. The case, is Brammer v. Violent Hues Productions LLC, and it began when Russell Brammer found one of his pictures, a long exposure shot of Adams Morgan, Washington D.C., had been used on a website promoting the Northern Virginia Film Festival.

Read a complete analysis of the case here

Fair Use or Infringement?-Court finds use of image to illustrate a geographic area on website fair use.

by Nancy Wolff, DMLA Counsel

Fair use is often described as one of the most difficult to understand doctrines of copyright law by the courts. This could not be more obvious than in a recent Northern District of Virginia decision, which found in favor of fair use where an image was used to illustrate a website. Many in the industry thought the use at issue in the case was an obvious infringement as it was one that is typically licensed. In Brammer v. Violent Hues Productions, LLC, the photographer Russell Brammer sued Violent Hues for infringing his copyright of a time-lapse depiction of the Adams Morgan neighborhood of Washington, D.C., at night. Violent Hues used a cropped version of Brammer’s photograph on its website, which was intended to be used as a reference guide providing about an annual film festival in Northern Virginia. The court granted Violent Hues’ motion for summary judgment on its defense of fair use, finding all four of the statutory factors favored a finding of fair use.

As to the first factor – the purpose and character of the use – the court looked to “whether the new work is transformative” and “the extent to which the use serves a commercial purpose.” The court found that Violent Hues’ use of the photograph was transformative in function and purpose. While Brammer’s purpose in capturing and publishing the photograph was promotional and expressive, the court noted that Violent Hues’ purpose in using it was informational because it used the photograph to provide information regarding the local area. Its use was also found to be non-commercial as the photo was not used to advertise a product or to generate revenue. Additionally, the court found that Violent Hues’ use was in good faith because Violent Hues’ owner attested that he believed the photo was publicly available because he found the photo online and saw no indication that it was copyrighted. In further support of good faith was the fact that Violent Hues removed the photo as soon as it learned the photo might be copyrighted.

The second factor – the nature of the copyrighted work – was also held to favor fair use. While the court noted that the photograph contained creative elements, it was a factual depiction of a real-world location and Violent Hues used the photograph purely for its factual content: to depict the neighborhood. The photograph had also previously been published on several websites and “at least one of these publications did not include any indication that it was copyrighted.”

On the third factor – the amount and substantiality of the portion used in relation to the copyrighted whole – the court noted that Violent Hues cropped half of the original photo. The court found this to be no more than necessary to convey the photo’s factual content. Thus, the third factor weighed in favor of fair use as well.

Finally, regarding the fourth factor – the effect of the use upon the potential market for or value of the copyrighted work – the court found no evidence that Violent Hues’ use had any effect on the potential market for Brammer’s photo. The court noted that Brammer still made sales of the photograph (at least two) after Violent Hues’ alleged infringement began, and Brammer testified that he made no effort to market the photo. Additionally, the court found the cropping of the photo and its non-commercial use to undercut a finding of adverse effect on the photo’s market.

In all, the court found that each of the four factors favored Violent Hues and thus held that Violent Hues’ use was a fair use and that there was no copyright infringement.

This decision has been roundly criticized by the industry and it has been noted that it is not often that a court gets every fair use factor wrong. The plaintiff is appealing the decision and many associations in the visual arts industry, including DMLA, are planning to file either separate or joint amicus briefs. Specifically of concern is the distinction between using an image for informational purpose and using and image for aesthetic purpose. By its nature, every image conveys some information, and to be successful, should be aesthetically appealing. Further, one of the touchstones of stock imagery licensing is that one image or clip can be reproduced for many different purposes. In addition, the fact that an image is displayed without a copyright notice should not mean that the work is free to use without consent, absent a legitimate exception, as copyright notice has not been a requirement under US copyright law since 1989. Lastly, when looking at harm to the market the court should look at the potential harm to the market if the type of unauthorized use is widespread. As the licensing of images to websites to enhance the look of the site or to provide visual information regarding a geographic area is common, widespread unauthorized use of this nature could have a significant impact on the licensing of visual content.

 

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.