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!
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.
“In another victory for photographers, Instagram has now come down on the side of visual artists–expressly stating that it DOES NOT grant API users a blanket license to embed public third party content. This decision will undercut the recent decision in Sinclair v. Ziff Davis and give photographers who use Instagram much needed protection from blanket, unauthorized use of their Instagram posts. Instagram explained its determination in a communication with Ars Technica:
” ‘While our terms allow us to grant a sub-license, we do not grant one for our embeds API,’ a Facebook company spokesperson told Ars in a Thursday email. ‘Our platform policies require third parties to have the necessary rights from applicable rights holders. This includes ensuring they have a license to share this content, if a license is required by law.’
“Instagram’s decision is significant. Before a party embeds someone else’s Instagram post on their website, they now may need to ask the poster for a separate license and failure to do so could subject them to a copyright lawsuit. Users who fail to get such a license might still be able to assert a fair use defense as justification for their use, but they can no longer claim a blanket sublicense to do so.
“Instagram has also stated that it is exploring the possibility of giving users with public Instagram accounts more control over the embedding of their posts. NANPA joined with other visual art groups in requesting that Instagram account holders should have the ability to control how third parties use their post and we will continue that dialogue.”
We’ll continue to monitor this and keep you informed as new information or court decisions become available,
Fellow board member Lisa Langell recently shared with me a member survey from another photography organization which had been used to assess their member benefits and services. Serendipity, perhaps, because lately I’ve been thinking a lot about the benefits of being a NANPA member.
More than Pretty Pictures
When I joined NANPA just over 10 years ago, I did so because I was interested in nature photography and believed membership could help me improve my photographs. But I discovered that NANPA is about more than just taking better nature photos.
At the NANPA Summit in Jacksonville in 2017, and again in Las Vegas in 2019, I learned that nature photography is about more than just pretty pictures. It’s also about using photos to affect change.
In Jacksonville, Clyde Butcher spoke about efforts to save Florida’s natural areas and shared his own conservation work. His presentation was complemented by a video, created by NANPA’s Summit College Photography Scholarship Program participants, about attempts to connect these areas to create greenway corridors.
Several of the presentations in Las Vegas on conservation challenges in the Arctic were really eye-opening. Other Summit presenters like Clay Bolt and Andrew Snyder inspired me with their work on rare, threatened and endangered species through the Meet Your Neighbours technique. Because of them, I now have my own Meet Your Neighbours setup.
I’ve seen how conservation photography can make a difference. Want to get started? NANPA’s recently-published Conservation Handbook is available to anyone interested in learning how. Find it in the Members’ Area of the NANPA website or click below.
Ethics and Advocacy
Speaking of handbooks, we currently have available on our website a guide to the Principles of Ethical Field Practices. But that is just the beginning! NANPA has undertaken a much more extensive project to create a handbook on the ethics of nature photography. Your membership helps support large undertakings such as this that will allow NANPA to take a leadership role in educating photographers on ethics. Quite frankly, this is very much needed as the overzealous pursuit of nature and wildlife photos threatens both scenic places and the plants and animals we love photographing. And bad behavior threatens continued access to these places by photographers.
Your membership has also helped support our work on behalf of the Copyright Alternative in Small-Claims Enforcement Act of 2019 (CASE Act of 2019). If passed by Congress and signed into law, the CASE Act would provide photographers with the option of pursuing infringers in a small claims-type of process instead of federal district court. Read more about how the CASE Act will help photographers
Friendship and Networking
I will always remember the NANPA Regional Events that I attended in the Smokies and Upper Peninsula of Michigan—for the great images and friendships made. It will be my great pleasure to now be a regional event leader, myself, in the Smokies this spring with Hank Erdmann. NANPA has many more Regional Events scheduled for all levels of photographers in various parts of the country.
There are larger events, too, that offer many of the same benefits but on a bigger scale. Just around the corner is our second Nature Photography Celebration in Asheville, NC, April 19-21. These Celebrations provide opportunities for shooting, interaction with vendors, learning, networking and more. Asheville is a great place to be in April.
Travel and Equipment Insurance
As I move about the country with my photo gear in airports, cars, and on location, I am thankful that I have insurance on my photography equipment underwritten by Chubb in association with NANPA. You can find information about this and all the other NANPA member benefits in the Members’ Area of the website.
And Taking Better Pictures, Too
All that being said, my membership has also helped me improve my nature photos, just as I originally anticipated when I joined.
During my time with NANPA, I have entered the Showcase Competition, and I have been fortunate to have a few photos published in Expressions. (It’s a great source of ideas and inspiration so order your copy now!) This gave me confidence that I could get great images because, the reality is, if you want to be taken seriously as a nature photographer, quality matters.
I have attended many memorable webinars, both live and recorded. These sessions are free for members and a great way to learn or refresh photography skills. Best of all, you can participate at your own convenience, from wherever you are. Our next webinar, sponsored by Tamron on February 13 is Getting the Most from Your Long Lens with Bob Coates. Sign up or watch a recording of a previous webinar in the Members’ Area.
Portfolio reviews, offered at each Summit hosted in odd-numbered years, provide another opportunity for learning from industry professionals including but not limited to agents and editors. We are currently working on logistics for our next Summit in Tucson in 2021, so stayed tuned for that.
Blog articles are yet another source of education and inspiration, and I especially enjoyed the recent article by Bill Palmer on Chasing Spring Warblers. There will be plenty of warblers—and photographers—at this year’s Biggest Week in Birding Festival at Magee Marsh in Ohio at which, by the way, you can find the NANPA booth. Note that our blog is separate from our regular member and non-member news lists, so if you do not already get NANPA blog posts in your email, you can subscribe on the right hand side of any of them (including this one).
Perhaps you might be interested in submitting a blog post too. What a great chance to expose your photos (pun intended) and stories to fellow NANPA members. Just send a note to email@example.com. That’s what we mean when we talk about “sharing” within NANPA. Everyone is both a teacher and student here.
That’s true regardless of age. As I highlighted in last month’s blog post, young nature photographers are becoming members and getting opportunities through NANPA’s high school and college scholarship programs, both of which are made possible in part due to your support of the NANPA Foundation. By the way, the Foundation’s Online Auction has some great items up for bidding starting February 3rd. All proceeds go towards funding Foundation programs.
What Will You Do?
Gordon Illg has been known to tell me that I ramble, so I need to wrap up. But there really is a lot going on at NANPA, and I hope that you will take advantage of the opportunities. We are working hard to make NANPA a place for nature photographers to achieve all of their nature photography dreams. What will you do this year to help you reach yours?
Exclusive opportunity for NANPA members
NANPA members are encouraged to share stories, tips, and how-to articles on our blog. Not as gifted at writing as you are photography? No problem. We can help you craft a post.
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.
A German company looks at the problem of image theft and copyright violation in a new report.
It comes as no surprise to photographers that large numbers of images are “stolen” each day on the Internet. Photos are copied and pasted by ordinary folks who don’t know any better. And images are taken and used by people and businesses that know or ought to know that they are violating someone’s copyright. But just how big a problem is this?