ASMP — American Society of Media Photographers

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Legal

A Victory for All Photographers, Court Reverses Fair Use Ruling

By | Legal, Strictly Business Blog | One 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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Reversal of “Fair Use” Ruling in Fourth Circuit Court of Appeals Commended by ASMP and NPPA

By | Legal, Press Release | No Comments

Contact Information: American Society of Media Photographers Thomas Maddrey, General Counsel legal@asmp.org 214.702.9862 National Press Photographers Association Mickey Osterricher, General Counsel lawyer@nppa.org 716.983.7800 Alicia Calzada, Deputy General Counsel advocacy@nppa.org 210.825.1449   Reversal of “Fair Use” Ruling in Fourth Circuit Court of Appeals Commended by the American Society of Media Photographers and the National Press Photographers Association FOR IMMEDIATE RELEASE Richmond, VA – Today, the Fourth Circuit Court of Appeals reversed and remanded a lower court’s…

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ASMP and Other Visual Groups Address Grande Tour’s Photographer Agreement

By | Advocacy, Legal, Strictly Business Blog | No Comments

ASMP, along with 14 other visual arts organizations, have signed onto a letter written by NPPA and sent to the management of Ariana Grande regarding the Grande Tour’s Photographer Agreement in use on her upcoming world tour. ASMP will always stand up for the rights of photographers, and is proud of joining this effort to promote equity and fairness in photography.

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USCO Has Issued a Technical Amendment to Rules for Registration of Photographs

By | Copyright Reform, Current News, Legal, Strictly Business Blog | No Comments

The Copyright Office (USCO) has recently announced a small change to the way that registration of published and unpublished photographs are submitted. Now, you are able to use hyphens, underscores, and other punctuation in the filenames of submitted images. This small change will help photographers more efficiently access the copyright.gov system, and successfully copyright their works. See below the details of the recent changes. The U.S. Copyright Office has issued a technical amendment to the…

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Decision in Fourth Estate Spurs Senate Action

By | Copyright Reform, Legal, Small Claims Report | No Comments

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…

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ASMP Strongly Opposes Hudson Yards’ Terms and Conditions Related to the “Vessel”

By | Legal, Strictly Business Blog | No Comments

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…

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PSA: The Hudson Yards ‘Vessel’ Has The Right To Use All The Photos & Videos You Take Of It Forever

By | Current News, Legal, Strictly Business Blog | No Comments

Editor’s Note: Read ASMP counsel Thomas Maddrey’s statement of ASMP opposition to Hudson Yards’ terms and conditions related to the “Vessel”. Cross-posted from Gothamist.  [by Ben Yakas]   “The massive ‘Vessel’ is the honeycomb-like crown jewel of Hudson Yards, which officially opened on Friday. It’s been compared to a giant Shawarma, a comically-oversized pine cone, a rejected M.C. Escher fever dream, and a “$200 million staircase that doesn’t actually take you anywhere.” Whether you think…

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The “Application Approach” to Copyright Died Today

By | Legal | One Comment

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…

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ASMP Legal Talk: Legacy Series – Part 2

By | Legal, Strictly Business Blog, Webinars | No Comments

  Join ASMP Legal Advisor and Seattle Attorney, Nathan Hoerschelmann, in upcoming ASMP Legal Talk Legacy Series – Part 2 on Thursday, February 28th @ 12:00pmPT/3:00pmET. As part of our ASMP Legal Talk Legacy Series, an important consideration for photographers is what will happen to their work after they pass.  Basic estate planning, including protecting your legacy by way of trust, distribution to heirs or giving to another designees, will be discussed.  This is important for every creative….

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President’s Tweet Using Iranian Photographer’s Protest Photo Raises Copyright Concerns

By | Current News, Legal | No Comments

On Wednesday of this week the New York Times reported that President Donald Trump tweeted an image taken by Iranian photojournalist, Yalda Moayeri, without her permission. As an organization dedicated to the rights of all photographers, and especially careful when examining potential infringements of copyright, ASMP is concerned about this sequence of events as reported. The exact status of the license of this image remains unclear, but the underlying issue presented serves as a reminder…

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