ASMP — American Society of Media Photographers

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Thomas Maddrey

Letter to Instagram From ASMP and Seven Other Visual Creators Groups

By Advocacy, Copyright, Current News, LegalNo Comments

This afternoon ASMP General Counsel Thomas Maddrey sent a letter to the CEO of Instagram Adam Mosseri and the CEO of Facebook (Instagram’s parent company) Mark Zuckerberg on behalf of all ASMP Members expressing our concerns about the recent court case Sinclair v. Ziff-Davis. You may read the letter here. This letter was supported and signed by seven other visual associations: American Photographic Artists, American Society for Collective Rights Licensing, Digital Media Licensing Association, Graphic…

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ASMP Response to Instagram Ruling And What You Can Do Today (New FAQ)

By Copyright, Current NewsNo Comments

On April 13, 2020, an opinion was rendered in District Court in New York regarding “embedding” an image that was available on a public Instagram account of photojournalist Stephanie Sinclair. You can read a detailed post on the issues and the background of this case in our recent article published here. Many of our members and others in the photography and visual creator community have been asking us what they should do now, and what…

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Does Posting To Instagram Create an Unlimited Sublicense? Sinclair v. Ziff Davis and What To Do Now

By Copyright, Legal, News3 Comments

(Author’s Note: For a summary version of this matter, and action steps you can take right now, please read this post, recently updated.) On April 13, 2020, an opinion and order in a copyright infringement case was published by a court in the Southern District of New York that has rocked the photography industry and reignited the debate of social platforms such as Instagram as an outlet for photographers to showcase their work. Let’s take…

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Allen v. Cooper:: Can States Get Away With Everything Now?

By Legal, Strictly Business BlogNo Comments

On March 23, the Supreme Court upheld the Fourth Circuit’s decision in a pivotal case for photographers and creators in Allen v. Cooper, holding that the Copyright Remedy Clarification Act (CRCA) “does not validly abrogate” Eleventh Amendment sovereign immunity. This essentially means that the CRCA does not protect creators from State infringers in a copyright infringement suit. Basically, a State may use sovereign immunity to avoid claims of infringement. A word of warning: this is one of the more…

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ASMP Joins Critical Supreme Court Amicus Brief

By Legal, Strictly Business BlogNo Comments

ASMP has joined nine other creators’ rights groups in an amicus brief arguing for protections for creators in Google v. Oracle case. This term the United States Supreme Court is set to hear a long-fought copyright case between Google and Oracle. While these two technology giants are different than the usual types of litigants that ASMP would support, the law at issue here will have a direct impact on all photographers and copyright law in…

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Copyright Office Announces New Fees: How does this affect you?

By Copyright, LegalNo Comments

The United States Copyright Office (USCO) announced February 19, 2020 that it’s “adopting a new fee schedule for services in the following areas: registration, recordation, record retrieval, search and certification, the Licensing Division, and other services.” This USCO change stems from a series of studies conducted to determine what fees need to be modified for services provided by the USCO. The USCO revisits this issue every three to five years and considered over 160 public…

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Drone Photography—The FAA’s Attempts to Regulate, and an ASMP Member’s Response

By Drones, Legal, Strictly Business BlogNo Comments

For a few years now, ASMP has been tracking the laws and regulations related to drone photography and videography. Recently, one company in particular had been at odds with the FAA about certain classifications. SkyPan International was founded in 1988 by president Mark Segal. Segal is a long-time member of ASMP, but as a general member and in leadership, his company uses drone technology to capture aerial panoramic photography above private property in urban areas…

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ASMP Position on Spec Work

By Legal, Strictly Business BlogNo Comments

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…

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ASMP and NPPA Ask the U.S. Supreme Court to Protect Photographers from Copyright Infringement by States

By LegalNo Comments

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…

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A Victory for All Photographers, Court Reverses Fair Use Ruling

By Legal, Strictly Business BlogOne Comment

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…

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