Recently, many companies have attempted to gain world class photography through “spec work”. This is reprehensible conduct by many companies that should know better. As an organization focused on protecting the interests of commercial photographs and the visual art community, ASMP has always taken a stand against this practice. Let us be clear: there is no place in the visual art market for spec work. What Is Spec Work? Spec work is short for speculative…
The American Society of Media Photographers (ASMP) and National Press Photographers Association (NPPA), joined by five other visual arts associations, weighed in on Tuesday in a copyright case that is going to be heard before the U.S. Supreme Court in November, and asked the high court to determine that states cannot freely infringe on copyright. Read the Brief Here Background States generally have a defense called “sovereign immunity” which protects them from being sued for…
Today, the Fourth Circuit Court of Appeals reversed a ruling that found it was acceptable to take another’s photograph to use on a website, upholding the rights of all photographers not to have their work stolen under the guise of “fair use.” This ruling by the Fourth Circuit helps to add to the growing body of case law in infringement and fair use, and is a strong message that photographers’ rights are vital to the…
Cross-posted from maddreypllc.com If you have read my previous blog posts on the recent US Supreme Court Decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC (see here and here), you know that I have been concerned with how that decision would affect copyright applications and the impact on claimants ability to take legal action. While my immediate response remains negative, a recent letter to the Acting Registrar of Copyrights Karyn Temple, signed by…
Update: Subsequent to the posting of this article on March 19, 2019, Hudson Yards updated their Terms and Conditions linked below to remove some of the most egregious clauses. It is unfortunate that this is a widespread problem and that it takes concerted public pressure from ASMP, NPPA, and others for changes to be made. We will continue to evaluate these updated terms and craft a response to this and other situations as necessary. Cross-post…
Cross-posted from maddreypllc.com [by Thomas Maddrey] On January 8, 2019, the Supreme Court of the United State (SCOTUS) heard arguments in Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC. Today, the court handed down their ruling. The court held, “… registration occurs, and copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright.” Let’s dive into this and see what it means in the real world. The Background In a blog…
One of the questions I get most from working photographers is about the rules related to “works for hire” in copyright law and contracts and how to identify them. In this post, I want to shed some light on work for hire, and how you can best protect yourself in the market. Copyright :: A Refresher Being that this is my first blog post for ASMP, I thought I might do a (very short) refresher…