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 Sean Fitzgerald
Can an online publisher simply embed a photographer’s Instagram post in an online story without paying that photographer or obtaining express permission to do so? Unfortunately, a recent New York district court decision in Sinclair v. Ziff Davis suggests the answer is yes, as long as they do so consistent with Instagram’s various service agreements. While some online publishers have been embedding Instagram posts in their stories for a while, Sinclair is the first court decision that gives legal cover to the practice, leading some photographers to reassess how they use Instagram, and indeed all social media, going forward.Continue reading
June 30 is the last day for Gordon Illg’s term as NANPA’s 25th president and when the board terms for Sean Fitzgerald and Ted Moreno end.
If there was a prize for the most meetings presided over, Gordon definitely qualifies! In the last twelve months, Gordon led twelve teleconference board meetings, three teleconference executive committee meetings, two in-person multi-day board meetings, and the NANPA Business meeting held at the 2019 Summit in Las Vegas. Not to mention, he participated in almost weekly meetings with me plus dozens of committee and planning meetings in the past year. Gordon has been great to work with, and even though he travels a lot for his workshop business, he was always available to answer questions and kept in regular contact with me. Gordon will continue his board service to NANPA as Past President for another year—where he’ll still get to attend plenty of meetings (but won’t have to lead them!)
A recent federal appeals court ruling reversed a highly controversial lower court ruling on a copyright case.
Perhaps you’ve heard about the controversy swirling around The Vessel, a massive “sculpture” in the heart of Hudson Yards, a huge real estate development in Manhattan? It’s been described as an M. C. Escher drawing come to life and instantly became a favorite Instagram background for visitors to New York. You can learn more about it in the video above.
When you snag a ticket for admission to The Vessel, as in so many things in life these days, you agree to various terms and conditions. Nobody reads them, right? Well, someone did and found that, by buying a ticket, you were agreeing to terms that essentially gave ownership of your photo to the real estate development. The original terms stated that you were giving the company “the irrevocable, unrestricted, worldwide, perpetual, royalty-free, sublicensable, and transferable right and license to use, display, reproduce, perform, modify, transmit, publish and distribute such photographs, audio recordings or video footage for any purpose whatsoever in any and all media (in either case, now known or developed later).”
2018 NANPA Snapshot
The end of a year signals a time for reflection of the past months as well as anticipation of what’s ahead. As I review 2018 for NANPA, I’m amazed at the variety and number of events and services offered for a relatively small organization. Everything we do is coordinated by a handful of part-time contractors and around 100 volunteers.
In late September, Google announced that, in a major update to Google Images, it would be adding “rights-related meta data,” where available, to photos. Collaborating with CEPIC, a coordinating body of stock and news agencies, museums, libraries and art galleries, and IPTC, the “global standards body of the news media,” Google designed a way to access the Creator and Credit metadata for photos. That is, assuming you’ve included the metadata in your original upload. Google will also be adding copyright notices in the near future.