Tag Archives: crowd sourcing

NOTICE OF SURVEY ON QUALITIES AND PRIORITIES OF NEW REGISTER OF COPYRIGHT

From Nancy Wolff, DMLA Counsel

The new Librarian of Congress, Dr. Carla Hayden, has started the process of searching for a new Register of Copyrights after removing Maria Pallante as Register on October 21, 2016. DMLA, as well as the other visual artist associations, had worked with the former Register Pallante for six years on issues involving photography and the visual arts, and most recently on copyright modernization and potential legislation for a copyright small claims court in line with recommendations from the Copyright Office.

In an unprecedented move, the Library is seeking public comment by January 31, 2017 via Survey Monkey on the qualifications for the next Register of Copyrights. The survey can be found at: https://www.research.net/r/RegisterOfCopyrightsNR

Although this crowd sourcing approach to a government appointment is highly unusual, we encourage all members to participate and to share this blog with any contributors, so the views of the licensing community and creators can be heard. From past experience we know that the tech community is very effective at organizing and sending the Copyright Office an overwhelming number of responses to copyright inquiries, and their interests in a Register would favor less copyright protection for creators.

The survey is not long and is limited to a few simple questions—namely, what qualities the Register should possess, what issues he or she should focus on, and what other factors should be considered. We encourage you to complete the survey before the January 31, 2017 deadline and distribute it widely.

DMLA has provided model responses to each of the survey’s questions based on suggestions from the Copyright Alliance. You are free to use all or some of these responses or provide your own responses. As the survey offers no background on what the responsibilities of the Register are or what public function the Copyright Office serves here is a link to background information on the role and responsibilities of the Copyright Office.

  1. What are the knowledge, skills, and abilities you believe are the most important for the Register of Copyrights?

The next Register of Copyrights must:

  • Be dedicated to both a robust copyright system and the Copyright Office;
  • Recognize the important role that creators of copyrighted works and their representatives play in promoting our nation’s financial well-being;
  • Be a lawyer with significant experience in, and a strong commitment to, the copyright law;
  • Have management experience;
  • Have a substantial background in representing the interests of creators and their representatives;
  • Possess a deep appreciation for the special challenges facing individual creators and their licensing representatives in protecting works and encouraging licensing models over infringement;
  • Possess a keen understanding of, and a strong commitment to, preserving the longstanding and statutorily-based functions of the Copyright Office, especially its advising the House and Senate Judiciary Committees on domestic and international copyright issues;
  • Be an advocate within the government for creators and their licensing representatives (as no other agency plays this role);
  • Have a vision for the Copyright Office of the future that supports the work of creators and is generally consistent with the views espoused by Chairman Goodlatte and Ranking Member Conyers in their November 2016 policy proposal;
  • Be committed to modernizing the IT infrastructure of the Copyright Office;
  • Have the solid support of the copyright community.
  1. What should be the top three priorities for the Register of Copyrights?
  • Continue the traditional and critical role of the Register as a forceful advocate for both a vibrant copyright system and a strong Copyright Office that works closely with the House and Senate Judiciary Committees in promoting a strong and effective copyright law.
  • A commitment to moving quickly to modernize the Copyright Office with a special focus on updating and making more affordable and simpler the registration and recordation process, and to ensure that the Copyright Office and its modernization efforts are financed by means other than just registration and recordation fees.
  • Working with Congress to achieve enactment of legislation creating a small claims process that finally provides creators and their representatives with a viable means of protecting their creative efforts and encouraging a licensing system rather than unauthorized use.
  1. Are there other factors that should be considered?

[TO BE COMPLETED AS YOU SEE FIT]

The process of selecting the next Register must not be limited to responses in a single survey, as the importance of a qualified Register to the livelihood of creators and the industries that rely on a functioning Copyright Office and system is too important to be decided by crowd sourcing, particularly as anyone can respond to a survey, regardless of their experience as a user of the Copyright Office. It is also important that the views of the leaders of House and Senate Judiciary Committees, current Copyright Office staff, copyright practitioners, and former Registers be taken into account in the selection of the next Register.

 

WATCH THIS SPACE FOR THE NEXT ISTOCK

By Robert Henson, courtesy of Tall Firs Media, LLC

Change agents often come from the outside. Not mired in the near-sightedness of immediate demands and constraints of status quo, new businesses that bring about a new solution to an old problem have the benefit of pure objectivity and the flexibility to commit resources to solving (seemingly) vexing issues for incumbents – or at least carving (seemingly) obvious shortcuts.

The prior wave of change agents to image licensing, deployed unique aggregation methods (crowd sourcing) with simple low cost access (credit system). iStockphoto, Fotolia and Shutterstock all sprung forth from the graphic design and amateur photographer world, where then-present problems – like the complexity, limited inventory and cost of acquisition – were directly challenged with engaging the network effect of the crowd. As change agents, both the network effect in establishing a community and the use of DSLRs were exploited as the primary means to success. The impact to incumbents was transformative, as it displaced the industry and redefined the marketplace and its rules.

Our present-day change agents in image licensing are once again focusing in on network effects and ignoring incumbent rules, and coming from the outside to do it. Where they are coming from is reflective in their solutions, will inform their market success and adoption, and will ultimately become another leader in transforming an industry.

In a prior post I outlined how the second wave of user generated content platforms are generating significant momentum. Many new businesses that seek change agent status see the path strictly through mobile, while others mobile is secondary to their platform.

Not all mobile aggregators will survive without solving the client side of the business. Foap, a stock photo startup focusing on mobile capture harvesting from the crowd, differentiates itself by its request platform experience. Perhaps similar to what OnRequest Images attempted to spearhead years ago (but prior to the benefit of present market conditions that make aggregation possible), Foap is communicating a personalized and unique source of corporate branding/marketing content (“Missions”). Competitive to Foap in the request platform space is startup Snapwire and ImageBrief. Where Snapwire is more centered on engaging the mobile photographer for their request platform, to ImageBrief mobile capture is an afterthought (perhaps due to their inception prior to a viable commercial mobile capture market).

More unique paths to transforming the industry are being carved by outsiders, all stemming from equally unique places. EyeEm, often referred to as the Instagram of Europe, has been explicit on its interest to enter the image licensing market (as well as monetizing its visual recognition technology), and has both the content and the resources to leverage against its competitors. Mobile-focused, EyeEm will no doubt stake further advantages in its ability to generate a network effect through its community of users – likewise with Scoopshot, who upped the ante on incumbents Demotix (Corbis) by not only committing to the network effect of mobile, but also more importantly of Twitter. The ethereal 500px are photo enthusiasts who have succeeded in aggregating (largely DSLR) along the lines of best of breed, evangelizing curation over all else. While they have outsider status, is their proposition unique enough to be transformative?

Some of the most compelling propositions to the image industry are still from technology, through attempts to monetize things like visual recognition tech (Stipple), but some non-incumbents might have a leg up on the competition purely based on where they’re from. Like iStockphoto, Imgembed comes from the design industry, which is a critical bridge between the needs and requirements of customers – or, more succinctly, the customer is defining the product. Imgembed seeks to solve the current gaps within unauthorized use, attribution and monetization, through an end-to-end system that provides transparency to all parties involved. Their platform could eventually be an immediate answer to not only closing gaps in the industry, but define how licensing is conducted. Given their broad exposure in the design industry, and proven ability to build an effective and influential network, they might be the change agent in a crowded field of aspirants.

**imgembed, Stipple, eyeem, imagebrief, snapwire, foap and shutterstock will all be be represented in sessions at the PACA 2013 Conference in NYC, October 20-23. Go to pacaoffice.org for more info