Tag Archives: PPA

DMLA Participates in Various Meetings with the House Judiciary Committee

On November 3, Nancy Wolff, DMLA Counsel, attended the Rights Caucus for the House Judiciary Committee in Washington, DC.  The event was held in a Judiciary Committee hearing room in the Rayburn House Office Building.

The Creative Rights Caucus is a bi-partisan legislative “listening” committee co-Chaired by Representative Judy Chu (D-CA) and Representative Doug Collins (R-GA). It is dedicated to protecting the rights of content creators. More importantly, the Caucus aims to help the public understand that we cannot judge the entertainment industry by how well famous Hollywood or music stars are doing.

The event was organized by David Trust, Executive Director of the PPA (Professional Photographers of America), who also moderated the panel discussion. Panelists included photographer Denis Reggie, illustrator John Schmelzer, photographer Mary Fisk Taylor, graphic artist Lisa Shaftel, and photographer Michael Grecco.

There was an extraordinary turn-out of approximately 150 people and standing room only in the hearing room.

Afterwards Nancy joined the PPA and other association representatives in meeting some congressional staffers as well as Congressman Hakeen Jeffries of New York about the issues of the image licensing industry and about legislation to support a copyright small claims court and the modernization of the Copyright Office.

 

On November 10, 2015, Sarah Fix, DMLA President participated in a private meeting in Los Angeles bringing Members of the United States House of Representatives Judiciary Committee and their staff together with photographers and photo/visual editors representing ASMP, APA, DMLA and NPPA to discuss the marketplace realities facing professional photographers as small business owners and representatives of the creative class.

Organized and moderated by ASMP Executive Director, Tom Kennedy, it was a lively discussion covering a wide range of topics of concern to photographers including:

  • Modernization of the Copyright Office and the need to simplify copyright registration.
  • The creation of a Copyright Small Claims Court as a remedy for infringements that cannot realistically be pursued within the Federal court system.
  • The proliferation of infringement fostered by digital distribution systems and the commercial harm caused by such rampant infringements.
  • The challenges presented by “click-bait” sites whose entire business models are built around intentional infringement.

The House Committee seemed to respond well to the first-hand accounts from the presenters and generally agreeable to the ideas shared at the meeting including the Copyright Small Claims Court. It seemed clear that their legislative solutions would include individual creators.

 

Photographic Community Deems Instagram Terms Too Far-Reaching

The American Society of Media Photographers (ASMP), joined by National Press Photographers Association (NPPA), The Digital Media Licensing Association (PACA), American Photographic Artists (APA), This Week in Photography (TWiP), Professional Photographers of America (PPA), Coordination of European Picture Agencies Stock, Press and Heritage (CEPIC), Graphic Artists Guild (GAG) and American Society of Picture Professionals (ASPP), has mounted a campaign to address the far-reaching Terms of Use of the image sharing service Instagram. Since 2010, more than 16 billion images and movies have been uploaded to Instagram. The organizations believe that few of the users who share images on the site understand the rights they are giving away. ASMP has issued “The Instagram Papers,” information in the form of essays and analysis about the Terms of Use in which the key issue is that users should have the ‘right to terminate’ their agreement with Instagram, allowing them to remove permissions for the use of their identities and content at any time.

Specifically, the Terms of Use give Instagram perpetual use of photos and video as well as the nearly unlimited right to license the images to any and all third parties. And, after granting this broad license to Instagram, users also relinquish the right to terminate the agreement. Once uploaded, they cannot remove their work and their identity from Instagram. Additionally, in the event of litigation regarding a photo or video, it is the account holder who is responsible for attorney and other fees, not Instagram.

Moreover, while Instagram’s agreement includes the right to sublicense images, it specifically excludes the need to ever pay creators, regardless of the way the company may use or sell their work. The photographic community believes strongly that fair compensation for the creators of work is a vital component of a fair agreement.

According to ASMP Executive Director Eugene Mopsik, “While clearly benefiting Instagram, the rights of imaging professionals and general users stand to be infringed upon in an unprecedented way. We are concerned that not only have Instagram’s Terms of Use gone beyond acceptable standards, but also that other social media providers may use these onerous terms as a template for their own agreements.”

Peter Krogh, ASMP’s Digital Standards & Practices Chair, said, ” As online services become larger repositories of intellectual property, power has shifted away from the user and toward the company provider. Unless changes are made by Instagram, we believe the terms will have a profound and negative impact on imaging professionals, publishers and general users.”

In the coming weeks and months ASMP, along with the other listed organizations, will continue to reach out to gain support in addressing these egregious terms before they become the industry standard.

PLEASE NOTE: PETER KROGH WILL BE SPEAKING ON THE INSTAGRAM ISSUE AT THE PACA 2013 CONFERENCE

Contact:
Eugene Mopsik, Executive Director
American Society of Media Photographers (ASMP)
Phone: 215 451 2767
Email: mopsik@asmp.org
www.asmp.org