ASMP — American Society of Media Photographers

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Legal

Instagram Comes out Defending Artists – Update

By LegalNo Comments

UPDATE June 24, 2020: The United States District Court for the Southern District of New York has granted Stephanie Sinclair’s motion for reconsideration. The Sinclair case garnered a lot of attention in the creative community when the court ruled that, Mashable’s use of photos from Ms. Sinclair’s public Instagram account did not amount to copyright infringement, even though Mashable had unsuccessfully tried to license the photos from Ms. Sinclair prior to their use and therefore…

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Same Court, Same Issue, Different Result? Instagram and Embedding Round 2

By LegalNo Comments

Author’s Note: As you know, ASMP has been heavily involved in the Sinclair v. Ziff-Davis case from last month, and drafted a letter on behalf of the major visual creator groups asking for changes. We also provided more guidance here. You can see an update on what Instagram said regarding this just in the last few hours right here.  Not two months after the Sinclair decision, the United States District Court for the Southern District…

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Photographer Rights Online: A Live Panel Discussion

By Copyright, Copyright Reform, Current News, Legal, Press Release, WebinarsNo Comments

On Wednesday, May 6 @ 6pm EST, ASMP General Counsel Thomas Maddrey will join the attorneys for photojournalist Stephanie Sinclair, the General Counsel and Deputy General Counsel for the National Press Photographers Association, and Robert Caplin from The Photo Brigade. Register here: bit.ly/adorama-PRO Together, this panel will examine the case of Sinclair v. Mashable (read more HERE) in which a District Court in the Southern District of New York held that by putting an image…

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(Updated – 04/26/20) Paycheck Protection Program :: Why Every Photographer, Artist, and Small Business Needs to Apply

By COVID-19, Legal, Strictly Business BlogNo Comments

CRITICAL UPDATE: As of Friday, April 24, the new bill authorizing $370 billion to the PPP and EIDL programs has been signed by the President and now we are waiting on the SBA to let us know when they will be processing new EIDL Advance applications. They have told banks that they will start processing new PPP applications on Monday, April 27 at 10:30am EST. Check here for the latest updates straight from the SBA. …

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(Updated – 04/26/20) Major Updates to PPP and EIDL

By COVID-19, LegalOne Comment

CRITICAL UPDATE: As of Friday, April 24, the new bill authorizing $370 billion to the PPP and EIDL programs has been signed by the President and now we are waiting on the SBA to let us know when they will be processing new EIDL Advance applications. They have told banks that they will start processing new PPP applications on Monday, April 27 at 10:30am EST. Check here for the latest updates straight from the SBA. …

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ASMP’s Tom Kennedy to Participate in ABA Panel Discussion on Intellectual Property and CASE Act

By Advocacy, Copyright, LegalNo Comments

ABA pleased to extend an invitation to attend ABA’s Intellectual Property & the CASE Act panel and video, starting at 10 a.m. ET on April 23. ASMP Executive Director Tom Kennedy has been invited as a panelist for the ABA Intellectual Property & the CASE Act discussion. Click here for the a full events schedule that will be held as part of the 2020 #ABADay Digital initiatives. The event will be held as a Twitter…

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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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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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