ASMP — American Society of Media Photographers

Initial Findings of ASMP’s 2019 Copyright Infringement Survey

By May 30, 2019Advocacy, Copyright Reform

 

© Mateusz Dach

As previously communicated, Members of Congress and their staffs have asked for hard data in support of our claim that infringement income loss is a huge problem for visual creators in order to secure introduction and passage of the CASE Act. To respond to that request, we sent out the 2019 ASMP Copyright Infringement Survey in early April to gather data to back up individual stories of infringements that have caused harm to photographers, graphic artists, and illustrators.

We would like to thank members who have participated in the ASMP Copyright Infringement Survey. The responses will be extremely helpful in providing data sets to House and Senate members who are seeking quantitative data in support of the CASE Act. To gather a more significant data set about infringement, we invite members who have not yet participated in the survey to take a few minutes to complete the 2019 ASMP Copyright Infringement Survey.

If you participated in the 2019 ASMP Copyright Infringement Survey in April and you responded that you have been impacted by copyright infringement, we have a follow up survey – 2019 ASMP Copyright Infringement Survey (Part 2) – for which we would like your additional responses to further clarify infringement types and type of infringers for inclusion in our reporting to members of Congress.

Survey Highlights

Participant responses provided in this survey are helpful in discussions about the scale of infringements as a problem, and how it translates to the work of individual creators. The initial findings represent data gathered from 2.2% percent of the ASMP member population.

Highlights of the initial findings presented below include data related to number of infringements per month and loss of income for 2018 and first quarter of 2019. The range of incidents of infringement and the loss of related income reflect the claim by ASMP and other visual groups that infringement is a real-world problem for visual creators.

The average number of times survey participants were infringed in a month:

1 to 30 times                    45.2%

31 to 60 times                   11.9%

61 to 100 times                  4.7%

Over 100 times                13.0%

No infringement             25.2%

The estimated loss of income from infringement in the first quarter of 2019:

$1 to $10,000                  53.5%

$10,001 to $30,000       15.4%

$30,001 to $75,000         3.5%

$75,001 to $100,000       2.3%

Over $100,000                  3.5%

The estimated loss of income from infringement in 2018:

$1 to $10,000                   36.9%

$10,001 to $30,000        25.0%

$30,001 to $75,000        13.0%

$75,001 to $100,000        2.3%

Over $100,000                   3.5%

Note: Response percentages in each of the categories total only 78.2%, as 25.2% of survey participants noted no infringement of their work.

How to Find Estimated Infringement Data

For those of you who may have never inquired or conducted research about the possible infringement of your images, please find the following steps for conducting a simple reverse image search to find estimated infringement data.

1) Go to images.google.com
2) Enter an image (each link with an infringement counts as 1)
3) If possible, do this reverse image search for your top 5-10 images

If you have questions regarding reverse image searches, please send them in email to advocacy@asmp.org.

How to Advocate in Support of the CASE Act

Go to CASE Act Central to learn more about how the proposed CASE Act supports visual creators in addressing infringement with the establishment of a small claims tribunal that averts the costly and time-consuming avenue of federal court to obtain legal relief; and to TAKE ACTION in the ASMP CASE Act campaigns to encourage your Representative and Senators to support their respective CASE Act bills in the House (HR2426) and Senate (S1273).

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