ASMP members need to know that from a legal perspective, dealing with a state entity, such as a state-run college, may prove very different than interacting with a private entity or person. Simply put, there is a longstanding doctrine of state sovereign immunity that, in general, prevents private citizens from recovering money in a lawsuit against a state instrumentality — unless immunity has been abolished by judicial or legislative action. Troubled by successful assertions by…
While passage of the Copyright Alternative in Small Claims Enforcement Act of 2019 (CASE Act), HR 2426/S.1273, in this session of Congress remains the top legislative priority for ASMP, we continue to focus on other aspects of the copyright system and modernization of the U.S. Copyright Office (USCO) itself. Regularly, we respond to requests from the USCO to offer public comment on their activities and policies. These afford us the chance to give voice to…
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,…
On May 23, the Copyright Alliance hosted a lunch briefing for members of Congress and their staffs to discuss the importance of H.R. 2426 and S. 1273, the Copyright Alternative in Small-Claims Enforcement Act of 2019 (the CASE Act). Keith Kupferschmid, CEO, Copyright Alliance, moderated a panel comprised of Frank Cullen, Vice President of U.S. Intellectual Property Policy, U.S. Chamber of Commerce; Tom Kennedy, Executive Director, American Society of Media Photographers; and Michael Lewan, Director of…
Cross-posted from ipwatchdog.com [by Jenna Close] “It is extremely uncomfortable and difficult to explain to a client that, while I own the copyright to the work I create specifically for their brand, in practice I have no way to pursue unauthorized use of that work.” ________________________ I have heard it said that a right without a remedy isn’t really a right. This saying completely and accurately sums up my experience with copyright infringement in the modern…
Welcome to ASMP’s CASE Act Central – where you can find all you want to know and more about the CASE Act 2019! While we know that being a visual creator is your priority, our priority at ASMP is to make certain that obstacles to your creativity and livelihood are mitigated or completely removed. As you know, ASMP has been on the front line of advocating for the rights of photographers for nearly 75 years,…
Editor’s Note: ASMP’s Tom Kennedy, and ASMP copyright counsel, Mike Klipper, are on the frontline in the advocacy efforts to get the CASE Act bill passed into law. The following op-ed written by Kennedy appeared in The Hill today. [by Thomas R. Kennedy] Last week, our nation celebrated National Small Business Week — a much-deserved nod to the more than 30 million small businesses that employ nearly 59 million workers. During the week, we honored…
With the introduction of the CASE Act by the House and Senate last week, ASMP knows that it is crunch time to lobby Representatives and Senators to support the passage of the bill. We will be launching a new grassroots advocacy campaign next week, asking all of you to send a message to your respective Representatives and Senators to ensure that the CASE Act is a legislative priority for them. We need you to explain…
In a letter to members of Congress, the U.S. Chamber of Commerce stated its support of S. 1273 and H.R. 2426, the “Copyright Alternative in Small-Claims Enforcement (CASE) Act”, advising members who cosponsor these bills they would receive credit for the Leadership component of their “How They Voted” rating. As the U.S. Chamber of Commerce supports small business owners, it finds that the CASE Act “would streamline the process for small copyright claims for small…