Calendars, Competitions and Copyright Concerns

Juvenile bald eagle flying across a clear blue sky. © Frank Gallagher
Juvenile bald eagle. © Frank Gallagher

By Frank Gallagher, NANPA Blog Coordinator

We’re getting used to seeing companies, government agencies, and even museums ask for unnecessarily broad copyright terms in their photo contests. Some go as far as having photographers surrender all copyright to the images they enter. Others want unrestricted rights to use photos in any way they see fit, including sublicensing to third parties. And, thankfully, some respect the rights of photographers and other creative artists. The latest example was brought to our attention by NANPA member Mark Larson and, while better than some, still has a few areas of concern.

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Instagram Change to Prevent Third-Party Embeds

Screenshot of NANPA's Instagram page which will be making changes due to new controls from Instagram.
NANPA makes use of new controls from Instagram on its account, @NANPApix.

By Frank Gallagher, NANPA Blog Coordinator

You may recall that, back in the spring of 2020, a furor arose over a court decision that essentially said online publishers could embed a photographer’s Instagram post in their online story without obtaining permission or paying for the use. At that time, Instagram’s Terms of Use (ToU) allowed it. Recently, under pressure from photographers, creative professionals, artists, and organizations like NANPA—together with other members of the Copyright Alliance and the Coalition of Visual Artists—Instagram changed its ToU to state that it does not automatically give users a license to embed third-party content.

Previously, court decisions in copyright cases involving Instagram posts were inconsistent, and the only way a photographer could expressly choose to prevent embeds was to make an account private, which defeats the whole purpose of a professional photographer’s Instagram account. Under continuing pressure from creatives, NANPA, and others, Instagram has given photographers new control over their accounts. This is big!

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Labor Day Copyright Updates

copyright symbol
Copyright. Image by Pete Linforth, Pixabay license.

By Frank Gallagher, NANPA Blog Coordinator

Since this article comes out on Labor Day, it’s probably fitting that it addresses copyright issues. How cases like these are resolved determines, at least to some extent, how much of the fruit of your labors you can retain. Here are three copyright examples to keep your eye on.

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