In a case that has significant implications on Fair Use jurisprudence that will affect all visual creators, the U.S. Supreme Court just released their opinion in Google LLC v. Oracle America, Inc. I am reviewing this opinion now closely, but an early read indicates that the Court broadly construed Fair Use in this context of computer code and API’s. This will have wide-reaching effects, and more analysis will be forthcoming. Stay tuned to ASMP for…
Lynn Goldsmith has prevailed in her attempt to reverse the decision of a federal court which held that Andy Warhol’s works created using her photograph was a “fair use”. The ruling is from the influential 2nd Circuit Court of Appeals which includes New York and is an excellent analysis of fair use as relates to photography. This opinion is a victory for photographers, and while this case is far from done, the appeals court has…
This article will be updated regularly, but the ruling in the 2nd Circuit Court of Appeals was released this morning, holding that Andy Warhol’s use of ASMP member and world-renowned photographer Lynn Goldsmith’s photographs of Prince were NOT fair-use. You can see our past articles on this here. Here’s what the court said (in summary): We conclude that the district court erred in its assessment and application of the fair-use factors and that the works…
Less than 24 hour ago, late Wednesday, March 3, 2021, the Small Business Administration posted the latest revision to the Paycheck Protection Program (PPP) and these revisions have MAJOR effects on how sole proprietors, independent contractors, and others who file taxes using IRS Form 1040 Schedule C. Bottom line? New applicants can now use “Gross Income” (Line 7) as a basis for their PPP amounts. This means that if you had a negative or low…
This morning the Texas Supreme Court heard oral arguments in Jim Olive Photography v. University of Houston System. ASMP and NPPA drafted an amicus brief in this matter. You can read that here. Below, you can watch the oral argument, and see a live run-down from my initial and subsequent viewing. This is a rough, immediate summary, and more will be forthcoming on this case and deeper analysis in the days to come. Jim Olive’s…
On Sunday, December 27, 2020, the President signed into law a bill that includes the Copyright Alternative in Small Claims Enforcement Act (the “CASE Act”). This enactment marks the culmination of a decade-long effort by ASMP and others in the creative community to create a venue where photographers and other creators can protect their rights. Read on to learn about the CASE Act, and know that ASMP will be leading the way in helping this…
FOR IMMEDIATE RELEASE: December 28, 2020 Contact:Thomas Maddrey, ASMP General Counselmaddrey@asmp.org The CASE Act Is Now Law; ASMP Thanks Supporters New Forum for Small Copyright Disputes Helps All Photographers and Creators The multi-year quest by the American Society of Media Photographers (ASMP) and its allies in the creative community to create a small claims tribunal has reached a successful conclusion. Yesterday, the President signed into law the Copyright Alternative in Small-Claims Enforcement Act of 2020…
FOR IMMEDIATE RELEASE: December 21, 2020 Contact:Thomas Maddrey, ASMP General Counselmaddrey@asmp.org ASMP Celebrates the Congressional Passage of the CASE Act New Forum for Small Copyright Disputes Helps All Photographers and Creators Washington, D.C., December 21, 2020 – The American Society of Media Photographers (ASMP) is delighted that the CASE Act has passed both the House and Senate chambers and is on its way to the President’s desk for signature into law. The Copyright Alternative in…
Author’s Note: I first met Baron Wolman on September 4, 2018 after being introduced by ASMP National Board Member Gabriella Marks. That introduction was one of the most important I have had over my lifetime. In the last 2+ years, I had the privilege to work with Baron, but more importantly, had the opportunity to get to know an incredible man who was full of life and love right to the very end of his…
It is one of the most vexing questions photographers face: how do I prevent my images from being stolen when the web has made it so easy to find photographs? The answer we wish we had was that when an image is found online, it is also easy to find the photographer and the licensing info. Enter Google’s new Licensing Badge. In recent years, Google has been collaborating with the image licensing industry to protect…