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.
NANPA is busy working for and with nature photographers throughout the year. You know us through NANPA’s Showcase photo competitions, Nature Photography Day, Summits and Regional Field Events, webinars, grants and scholarships. But that’s only part of what NANPA does: a lot of work goes on behind the scenes. One key area of NANPA’s work that sometimes doesn’t get a lot of visibility is our participation in the Copyright Alliance and the initiatives they champion to protect our rights as creative artists. The Alliance just released their end of year report and we thought you’d be interested in what transpired in 2020.
Over the past two years, we have urged photographers to support the “Copyright Alternative in Small-Claims Enforcement Act of 2019” (the CASE Act). This bill would create a “small claims court” within the U.S. Copyright Office to handle copyright infringement claims from individual creators and small businesses. That would be enormously helpful for photographers and everyone in the creative community. It’s time to make one last push to get this bill over the finish line and time is of the essence.
This year has been a real roller coaster ride. From COVID-19 to a presidential election and from wildfires to hurricanes, we’ve been put through the wringer. It’s been a wild year for copyright decisions, too, with the pendulum swinging from decisions that horrified photographers to ones that reaffirmed the rights of visual artists.
Newsweek is now appealing. In light of the McGucken v. Newsweek ruling and Instagram’s clarification of its ToU, the court that heard the Sinclair v. Ziff Davis case has now reinstated Sinclair’s suit.
Recently, in Mango v. Buzzfeed, an appeals court ruled that photographer Gregory Mango was due statutory damages for copyright infringement and violations of the Digital Millennium Copyright Act by Buzzfeed. The online publisher had used a photo by Mango that had originally appeared, with attribution, in the New York Post. Buzzfeed used the same photo, without permission and without crediting the photographer. Read more here.
NANPA also advocates for the CASE Act and modernizing copyright law. See more about all that NANPA does to protect and enhance photographers’ intellectual property rights or tell us your copyright story here.
Thanks to everyone who made their voices heard this week by contacting their Members of Congress and urging them to vote for the C.A.S.E. Act, H.R. 2426. The good news is that the bill passed the House by a vote of 410 to 6, with 151 co-sponsors. The not-so-good news is that we’re not done yet. While a similar bill, S. 1723 has passed committee, it still has to pass the full Senate, where a vote is not yet on the schedule.
The Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2019, in a nutshell, establishes a copyright small claims court. Currently, content creators, like photographers, must file copyright violation claims in U.S. District Court, where high fees can exceed damages and make it difficult for small businesses to seek copyright enforcement.
NANPA has played an active role in the Copyright Alliance, a coalition of creatives advocating for creators’ rights and the CASE Act. For all the details on the Act, how it would work and the issues it addresses, see NANPA’s CASE Act: Copyright Small Claims page.
Thanks for your advocacy to protect photographers’ rights and keep an eye out for information about how you can help get the CASE Act through the Senate.
NANPA has worked long and hard to get Congress to pass the CASE Act (Copyright Alternative Small Claims Enforcement Act), which would provide photographers with the option of pursuing infringers in a small claims-type of process instead of federal district court. You can read more about how the CASE Act will help photographers here: http://www.nanpa.org/advocacy/intellectual-property/case-act/
The good news is that the CASE Act has picked up bipartisan support in both the House and Senate. It just passed through committee in the Senate and will soon come before the House Judiciary Committee. If it passes there, the Act will proceed to a final vote in both chambers.
In other words, this might actually happen!
Is it a done deal? Nope. Unfortunately the so- called protectors of an “open internet” have awoken. Backed with cash from Silicon Valley, an army of lobbyists, and a fear-mongering scare campaign they have descended on Washington D.C. to righteously proclaim that the CASE Act is just an evil plot to destroy the internet by unleashing copyright trolls on unsuspecting innocents. They screech that the “sky is falling” because photographers like you and me want to use it to go after innocent grandmothers who repost social media memes on their Facebook pages.
As we say in Texas, “I s#*t you not.”
Here is where you come in. Your voice will help drown out the nay-sayers and push this bill over the finish line. Over the next few weeks, NANPA is joining the “50 States in 20 Days” campaign to send specific messages to legislators in each state on a single, specific day. Be on the lookout for emails with specific instructions for the messages we would like you to send. Contacting your representatives will only take a few minutes, but will help make a huge difference.