latest in Legal / Copyright

PACA honors Jane Kinne, photographers’ rights pioneer

The Picture Archive Council of America (PACA) has named its Copyright Education Program in honor of Jane KinneThe Picture Archive Council of America (PACA) has named its Copyright Education Program in honor of Jane Kinne who dedicated her entire professional career – over 50 years – to the stock photo industry.  By this gesture, PACA honors her memory in recognition of particular devotion she gave to the cause of photographers’ rights.

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Alamy terminates contributor contract over model release issue

Alamy terminates contributor contract after lying about a model releaseAccording to a posting on the company blog, Alamy has terminated the contract of a contributor for falsely stating that an image had a model release. Alamy claims that it acted after the agency was contacted by a a person who was the subject of an image marked as released but was confident he had never signed one. When asked to supply proof of the model release the contributing photographer admitted having not received a release but was maybe hoping to track the person down later.

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RightsAgent launches platform to license, distribute, and monetize, user-generated content

RightsAgent has created a platform to monetize user-generated contentRightsAgent, a new company headquartered in Cambridge, MA, has launched an online platform to allow users to license and monetize content including text, pictures, and videos. The company´s Internet-based free service allows users to consolidate the work they publish across the web into a unified feed, license their work with both Creative Commons and for-profit options, and build reputation based upon the value of the content they create.

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News Brief: Nancy Wolff named Picture Professional of the Year 2007 by ASPP

Nancy Wolff:  ASPP's Picture Professional of the Year 2007We at abouttheimage send our best wishes and congratulations to Nancy Wolff, great friend to anyone in the photography business and an exceptional attorney, on the news that the American Society of Picture Professionals (ASPP) has named her Picture Professional of the Year for 2007.

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News Brief: Nancy Wolff to Speak at ASPP Midwest Chapter Meetings

Nancy Wolff Speaks at ASPP meetingsOn September 26 in Chicago and September 27 in Minneapolis, Nancy Wolff, legal counsel to the Picture Archive Council of America and an expert in copyright law, especially as it pertains to photography, will be the featured guest speaker at the Midwest chapter meetings of the American Society of Picture Professionals (ASPP.)  Wolff will address the theme for the meetings, “Laying Down the Law: What Every Picture Professional Needs to Know.” 

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Masterfile wins $46,816.91 in internet copright infringement suit

Masterfile wins infringement suit with full damages, including statutory damages, attorney’s fees, and other costsIn July 2007, the District Court of New York ruled in favor of Masterfile in its suit against J.V. Trading, a dealer in Asian food products whose promotional website displayed eight of Masterfile’s copyrighted photographs from 2002 to 2005, all without license. The court granted the full extent of damages requested, including statutory damages, attorney’s fees, and other costs incurred in prosecuting this action, for a total of $ 46,816.91. This result is an example of following an infringement claim, initially discovered through PicScout’s image recognition technology, all the way through to the end. The defendant refused to respond throughout the process, and placed the usual blame on the web designer, taking the tactic of “if we remove the images and don’t answer, you will give up and go away”. The next step is to collect the award, but even if full recovery was not achieved, the decision is an important example of how to pursue a copyright infringement claim where the defendant refuses to answer and defaults.

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SAA releases comprehensive infringement study

SAA releases stock photography infringement studyThe Stock Artists Alliance (SAA) a not-for-profit photographer advocacy organization, has released a comprehensive study of the issue of unauthorized or infringing use of stock images on the world-wide web.  The study, which SAA performed in partnership with the usage tracking technology company, PicScout, examines and analyzes the results of tracking 20,000 rights managed images from Getty Images and Corbis for four months in 2005.  The results show a startling rate of unauthorized use, both by inadvertent additional use to legally licensed rights and by simple theft of intellectual property.

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PACA releases free PowerPoint on copyright education

PACA: Copyright Education - PowerPoint PresentationThe Picture Archive Council of America (PACA) has placed on its web-site, a valuable resource to any creator or user of photography – a PowerPoint presentation that provides a thorough review of copyright law in the United States and how it applies to the use of imagery in advertising, the news media and fine art.  The presentation includes real-world cases with images and detailed explanations of how the parties viewed the claimed infringements and how the courts assessed them.

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PicScout now monitoring copyright in Australia

PicsScout is now turning its attention to AustraliaPicScout, a provider of internet tracking and monitoring solutions to the digital content industry, has announced that it will begin monitoring possible infringements in Australia.  Until now the Israel based company has monitored North American and European markets for possible infringements on the internet reporting back to its content providers.

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Editorial: Virgin Mobile gets burned with Creative Commons photo from Flickr

Virgin Mobile used this Creative Commons image from Flickr with no model releaseIt was bound to happen.  The moment we old-timers in the stock photo industry have all been waiting for has finally arrived.  A high profile client got burned by using down-market images that, it turns out, had no model releases. I and, I suspect, many colleagues got more than a little satisfaction out of the news.

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