ASMP’s Hot Issues
ASMP advocates for photographers’ interests before government and regulatory bodies and also in the marketplace. Here are some of the major issues that we are confronting today.
Unattributed ("orphan") works legislation
“Orphan works” are intellectual property — photos, songs, manuscripts, movie clips, etc. — that appear to be protected by copyright but whose copyright owner cannot be located. Testimony presented to Congress has indicated that this is a real problem for publishers, museums, scholars and others who wish to use the works in legitimate ways. Unfortunately, the solutions proposed in 2006 by the Copyright Office and the House Judiciary Committee were particularly harmful to visual artists such as photographers, illustrators and textile designers.
In 2006, ASMP and many other trade groups worked to improve the legislation. Near the end of the Session, HR 6052 died in committee. But, as we expected, another Orphan Works bill is being drafted and will probably be introduced. We are now working behind the scenes with Congressional staffers, lobbyists, and trade associations on all sides of the issue to protect photographers’ needs and rights in the upcoming legislation.
The current status of the legislation is described here.
Documents:
- ASMP Continues Year-Long Dialog with Copyright Office on Orphan Works (Feb. 2006)
- Blog, the 2006 Orphan Works bill (Sept. 2006)
- Blog, current status of the 2008 Orphan Works legislation
Retroactive rights of publicity for dead celebrities
In 2007, bills were introduced in both New York and California that would give a new "right of publicity" to the estates of dead celebrities — including those who died many years ago. Because they would be retroactive, the laws had the potential to harm any photographer who has old photographs. They could invalidate old releases and contracts and could expose photographers (and their clients) to liability for using images in a way that was legal at the time.
The New York bill did not pass in 2007, but in California the bill passed in October and was signed into law by Governor Schwartzenegger. It will probably be ruled unconstitutional by the California courts, but in the meantime it is a real problem that working (and retired) photographers must deal with.
Now, a similar bill has been re-introduced in the New York legislature. ASMP urges photographers to let their legislators know how harmful this is.
Online copyright registration
Registering your copyrights is the single most important thing you can do to protect your photography business. Today, the registration process is still mostly paper-based; here’s how you do it. The Copyright Office is beta-testing its online registration system (you can sign up to be a tester here) but latest reports are that it is suitable only for registering single images. Photographers who routinely make hundreds of valuable images in a week are still better off using the paper process.
Documents:
- Copyright Tutorial (updated regularly)
- Online copyright registration is on track for 2007 launch (May 2005)
- ASMP Seeks On-Line Copyright Registration from Within DAM Programs (May 2006)
Access to public spaces
Government bodies sometimes place unnecessary restrictions on photography, either out of misplaced zeal for security or in order to raise revenue from photo fees. ASMP supports legitimate and thoughtful security procedures, but opposes bureaucratic suppression of citizens’ freedom to take photographs on public property.
Documents:
- NYC Proposed Subway Photo Ban (June 2004)
- Caught In the Crossfire Ð Photographing through Heightened Security and Limited Access (Sept. 2004)
- NJ Transit proposes, then retracts photo ban (Jan. 2006)
Scams that prey on photographers
Photographers, like other independent businesspeople who advertise via the Internet, are often the targets of online fraud. We analyze the come-ons and investigate deals that seem too good to be true.
Documents:
- Internet Scam Targets Photographers (Jan. 2006)
- Is it a scam? A look at recent cases (Nov. 2006)
The ‘Custom Stock’ business model
A number of companies, among them OnRequest Images, have entered the market with a business model in which several photographers are asked to create images, on speculation, for the same assignment, without any obligation for the client to buy. It is clear that this approach, which OnRequest calls “Custom Stock,” can be a sweet deal for the client. But it’s not a good deal for photographers. First, it places all risk on the photographer without commensurate reward. Second, the terms of the OnRequest assignment contract are astonishingly one-sided.
ASMP advises all photographers to take a very close look at the drawbacks of the Custom Stock concept before signing any deals with OnRequest.
Documents:
- OnRequest Images “Custom Stock” (Nov. 2004)
- Open Letter to ADC (June 2005)
- Analyzing the OnRequest assignment contract (Dec. 2005)
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