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.
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.
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 Davissuggests 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.
Google Images will now include IPTC creator, credit and copyright information . . . if you have it in the image file. In Lightroom, Bridge and other software, you can apply IPTC metadata with presets.
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.