URGENT APA ADVOCACY ALERTS
One Common Voice
APA is committed to preserving and enhancing the profession. Over the years, APA has been a strong advocate on behalf of our membership and the entire photographic community. We work towards resolving issues and problems in our industry. APA has worked with local and state governments on issues such as taxes and employment concerns. Efforts have also been made to support changes in Copyright statutes and regulations. In the area of contracts and purchase orders, APA has worked to advance fair and equitable terms. Our efforts have benefited the entire photographic community.
May 10, 2010- APA Alert: Corbis Copyright Issues
Do you have images with Corbis? Did you sign the Corbis Copyright Assignment Affirmation Declaration? If so, you may have invalid copyright registrations.
Last week, Judge Loretta A. Preska of the United States District Court, Southern District of New York, issued a summary judgment in the case Meunch Photography Inc., v. Houghton Mifflin Harcourt Publishing Company and R.R. Donnelley & Sons Company (09-CV-2669). In the case, Meunch Photography Inc. (MPI) claimed that Houghton Mifflin Harcourt Publishing Company (HMH) and R.R. Donnelley & Sons Company (Donnelley) "engaged in the unauthorized and impermissible use" of MPI images. The defendants, HMH and Donnelley, moved to dismiss the complaint arguing that the photographers at issue were not properly registered with the U.S. Copyright office. The defendant's motion was GRANTED in part and DENIED in part.
Summary
MPI licenses photographs for Marc and David Meunch. Between March of 2001 and December 2006 MPI through its agent Corbis, sold limited licenses to HMH. MPI claims HMH exceeded the number of licenses granted that caused unauthorized reproductions of the images. This constituted copyright infringement in the eyes of MPI. By printing the textbooks where the images were used, MPI claims Donnelley is also guilty of violating MPI's copyright.
At question is the processof copyright registration for the majority of these images. MPI had a copyright registraion agreement with Corbis granting legal title in selected images digitized by Corbis and included in the Corbis digital collection "solely for the purpose of copyright registration." After registration Corbis agreed to "promptly reassign legal title to Marc and David Muench with respect to (their) registered original film images."
The Corbis procedure of acquiring signed Copyright Assignment Affirmation Declaration documents from photographers that allowed them to make compilation registrations upon the questionable and legally unsubstantiated foundation of a single letter from the Copyright Office's Chief of Examining, Nanette Petruzzelli.
The Petruzzelli leter stated that the Copyright Office considers the procedure instituted by Corbis to be valid whereby Corbis is author of the compilation by an acceptable transfer statement of the photographers and interpreted the claim to extend to the individual photographers. The letter also stated that the Copyright Office preferred, but did not require, the registration application to contain the names of all of the photographers on continuation sheets. The process was compared to the process to register magazines and other serial works, which do not require the listing of individual contributor names.
The unsupported written statements made by Petruzzelli seemed to legitimatize the questionable procedure of Corbis. In fact, it ineffectually "registered" and unknown large number of images that has resulted in a significant increase in vulnerability for photographers that have used this system through Corbis.
The court has determined in its sumary judgment that the Corbis Compilation registration is only valid as a compilation. The creators of the images, in this case MPI, do not have a valid registration for all of their individual images in the compilation. The process Corbis used in registering the compilation does not list the names of the individual creators (photographers). Because of that, the images are only registered for the compilation and not the photographer. Twenty of the approximately 180 MPI images were previously registered as unpublished by the Muench brother. The summary judgment DENIED the defendant's claim on those images.
The Corbis copyright registrations were the subject of an APA advocacy investigation in 2003-2005. APA questioned the Chief Examiner of the Visual Arts section at the Copyright Office along with general counsel, David Carson, on the validity of the Corbis registrations. The practice was continued, putting at risk hundreds of thousands of images in APA's opinion.
This emphasizes the importance of registering ones own images.
What You Need To Do
If you have images with Corbis and signed a Corbis Copyright Assignment Affirmation Declaration you should immediately identify which of your images Corbus accepted and begin the process of properly registering those images. They are at risk of infringement.
Professional photographers need to register all of their marketable images themselves. You should not depend on an agency doing it for you.
For more information view these links:
The complete Court Order for summary judgment:
http://www.scribd.com/doc/31039514/Usdc-Sdny-09cv2669-Order
Attorney Ed Greenberg and Photographer Jack Reznicki Blog, The Copyright Zone:
thecopyrightzone.com
John Harrington Blog, Photo Business News & Forum:
http://photobusinessforum.blogspot.com/2010/05/corbis-copyright-registrations-images.html
March 20, 2010 - CALL To ACTION
The United States Intellectual Property Enforcement Coordinator (IPEC), Victoria A. Espinel through the Office of Management and Budget, Executive Office of the President, has requested written submissions from the public to aid in the development of an IP enforcement strategy.
The request is divided into two parts. The first part is requesting written submissions regarding the costs to the U.S. economy resulting from IP violations, and the threats to public health and safety created by infringement. The second part requests detailed recommendations on improving the Government’s IP enforcement efforts. Responses may be directed to either of the two parts or both.
Submissions must be received on or before Wednesday, March 24, 2010, at 5:00 PM EDT. Submissions should be sent electronically via intellectualproperty@omb.eop.gov.
To view the full request go to http://edocket.access.gpo.gov/2010/2010-3539.htm.
Submissions directed to the economic costs of violations of intellectual property rights must clearly identify the methodology used in calculating the estimated costs. Recommendations on significantly improving the U.S. Government's enforcement efforts may include, but need not be limited to: Proposed legislative changes, regulations, executive orders, other executive action, guidelines, or changes in policies, practices or methods. If you have specific examples of IP infringements you have experienced please submit them.
The IPE Coordinator, Ms. Espinel, has provided an opening for discussion on any topic related to copyright with her statement “the public is encouraged to submit any detailed, concrete recommendation for significantly improving intellectual property rights enforcement.”
It is URGENT to make your voice heard. Remember the deadline, March 24, 2010 at 5:00 PM.
To read the APA Submission to the IPEC request CLICK HERE.
March 22, 2009 - A recent offer from The Copyright Registry (www.C-Registry.us) has raised the flag at Advertising Photographers of America (APA). The underlying value of the need for a registry service is still uncertain. The Copyright Registry claims that it “reduces the risk that a photograph might be mistaken for an “orphaned work”, which is a creative work for which the creator or copyright holder might be unknown or known, but who cannot be located.” There is no current Orphaned Work law or legislation.
Click to read more (PDF)
APA AGAIN TAKES STANCE ON ORPHAN WORKS - 2008
From the onset, APA has been actively engaged in the effort to help solve the orphan works dilemma.
We made public our support for the crafting of an amendment that would permit use of verified, i.e. true, orphaned works for certain uses, by way of procedures that are clearly defined in the statute or regulations, while retaining remedies for use by copyright owners in the event of abuse.
APA, in seeking to represent the best interests of its members, takes the position that the legislation offered in both bills -- S.2913 and H.R.5889 -- does not achieve the goal as we believe was originally intended, and instead provides a distinct road map for the infringement of contemporary works by living artists worldwide. If left unchanged, this legislation has the potential to destroy the businesses and livelihoods of thousands of photographers, other visual artists, as well as the collateral small businesses that serve the industry, and are dependent on, creators.
MORE
APA TAKES SOLID STANCE ON ORPHAN WORKS - 2006
Position Papers Submitted to House Subcommittee on Intellectual Property
Orphan Works, the proposed amendment to the 1976 Copyright Act on a fast track in the House of Representatives, continues to be the most sweeping event to effect photographers since the day of the daguerreotype. If enacted into law without significant revisions, this legislation has the real potential to destroy the livelihoods of photographers, cost thousands of jobs, and result in a tidal wave of litigation related to the use of orphan works.
On March 15th, APA submitted its position papers to the House Subcommittee on Courts, the Internet, and Intellectual Property in response to the recent oversight hearing on the Report on Orphan Works by the Copyright Office. Drafted by past president Jeff Sedlik, APA Chief Advisor on Copyright, and edited by Constance Evans, APA National Executive Director, The Orphan Works Dilemma: Challenges and Recommendations, takes a bold stance against this amendment, condemned as “an impending fatal blow to the head of intellectual property protection as we know it,” according to APA President George Fulton. APA’s twenty-two page document takes issue with the amendment on over 30 different fronts link here to the pdf More
FEDS CONCUR WITH APA ON COPYRIGHT PRE-REGISTRATION
White Plains, NY, December 5, 2005 - Following APA’s successful initiative to win copyright pre-registration rights for photographers, APA has engaged the Copyright Office and legislative staff in continued discussions, and re-confirmed the accuracy of APA’s understanding of the benefits afforded to photographers who pre-register their images. More
DIGITAL STANDARDS GUIDELINES RECENTLY RELEASED at PPE (UPDIG)
A printed version of the Universal Photographic Digital Imaging Guidelines was just released at the recent PPE in New York City. Being very well- received, 15 clear and understandable guidelines as well as a best practices document prepared by the the UPDIG working group of photographic international trade organizations were unveiled in this first working version. This is an excellent real world working document that addresses a multiple tiered approach to standard practices for working professionals depending upon their final medium of delivery. APA is proud to play an active role on the UPDIG working group. More
Advocary Alert - Orphan Works - 2008
Advocacy Alert! - (11-15-04)
Advocacy Alert! - (4-14-04)
Advocacy Alert! - (9-03)
Advocacy Alert! - President's Letter to The New York Times - (4.04.04)
Advocacy Alert! - Licensing, and the Value of Copyright - (2003)
