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.Continue reading
By Frank Gallagher, NANPA Blog Coordinator
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.
By NANPA President Tom Haxby
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 firstname.lastname@example.org. 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.
Why NANPA is supporting a copyright small claims tribunal and why you should too
by Jane Halperin, NANPA Advocacy Committee
Let’s face it, the current U.S. copyright system does not work for the majority of photographers who operate as individuals or small business owners for a variety of reasons, including the complexity of registration. But perhaps the most significant reason is due to the inability of photographers whose work product is not low volume/ high value to enforce their ownership rights against infringers.
Do you register your photos with the US. Copyright Office? Most photographers don’t, which is a shame, because if your work is ever used without your permission, your chances of compensation are reduced—or unlikely—for unregistered work. One of the main reasons photographers and artists don’t register their images is because it’s a lot of work and takes a lot of time.
NANPA has been involved with a visual artists’ coalition for approximately 20 years, and two of their ongoing goals have been streamlining the copyright registration process and in recent years, developing a process for small claims filing for copyright violations. Continue reading
Story by Sean Fitzgerald, NANPA Past President
A Manatee Image Goes Viral
An interesting article in PetaPixel raises a whole host of troublesome issues for the modern photographer. https://petapixel.com/2017/09/13/shot-hurricane-irma-photo-went-viral-wasnt-paid-dime/ Michael Sechler, a self-professed “photography enthusiast”, shot a very fine image of a manatee beached out of the water by the tidal surge from Hurricane Irma.
He posted it to Facebook, the image went viral, and then the real fun started. Fox News called. The Associated Press called. Everyone wanted to use the image in news stories, but they all wanted it for free.
Color me shocked. Continue reading
By Jane Halperin and Sean Fitzgerald
NANPA is part of, a group of visual arts associations that have been working for years to modernize the copyright system for photographers and develop a small claims process that makes it easier and affordable to enforce copyright infringements. Jane Halperin, Chair of the NANPA Advocacy Committee, and Sean Fitzgerald attend weekly teleconference meetings with the Visual Association members and their legal counsel to discuss and work on plans to push these plans forward. Last month, we all met in Washington DC to meet with various Congresspersons, their staff, and others on Capitol Hill.