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Legal

Breaking News: Supreme Court Rule in Favor of Broad Fair Use Analysis in Google v. Oracle

By LegalNo Comments

In a case that has significant implications on Fair Use jurisprudence that will affect all visual creators, the U.S. Supreme Court just released their opinion in Google LLC v. Oracle America, Inc. I am reviewing this opinion now closely, but an early read indicates that the Court broadly construed Fair Use in this context of computer code and API’s. This will have wide-reaching effects, and more analysis will be forthcoming. Stay tuned to ASMP for…

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Lynn Goldsmith Prevails Over Andy Warhol Foundation in Fair Use Battle; ASMP Leads the Way with Amicus Brief

By LegalOne Comment

Lynn Goldsmith has prevailed in her attempt to reverse the decision of a federal court which held that Andy Warhol’s works created using her photograph was a “fair use”. The ruling is from the influential 2nd Circuit Court of Appeals which includes New York and is an excellent analysis of fair use as relates to photography. This opinion is a victory for photographers, and while this case is far from done, the appeals court has…

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BREAKING NEWS: Lynn Goldsmith Prevails in 2nd Circuit in Fair Use Dispute With Andy Warhol Foundation

By LegalNo Comments

This article will be updated regularly, but the ruling in the 2nd Circuit Court of Appeals was released this morning, holding that Andy Warhol’s use of ASMP member and world-renowned photographer Lynn Goldsmith’s photographs of Prince were NOT fair-use. You can see our past articles on this here. Here’s what the court said (in summary): We conclude that the district court erred in its assessment and application of the fair-use factors and that the works…

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WATCH NOW: Texas Supreme Court Hears Jim Olive’s Case

By Copyright, Current News, LegalNo Comments

This morning the Texas Supreme Court heard oral arguments in Jim Olive Photography v. University of Houston System. ASMP and NPPA drafted an amicus brief in this matter. You can read that here. Below, you can watch the oral argument, and see a live run-down from my initial and subsequent viewing. This is a rough, immediate summary, and more will be forthcoming on this case and deeper analysis in the days to come. Jim Olive’s…

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Reporting Violence Against Media and Journalists During January 6 Capitol Insurrection

By Legal, NewsNo Comments

ASMP remains committed to journalistic freedom and is very concerned with the violence against media and journalists that occurred during the January 6 Capitol insurrection. Below, please see a message from the U.S. District Attorney’s office for the District of Columbia. The United States Attorney’s Office for the District of Columbia, along with its law enforcement partners, is aware of reports of violence, including assaults, threats, and property damage, against members of the press while…

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The CASE Act – A Primer

By CASE, Copyright, Copyright Reform, Legal, Member Benefits, Member Resources, NewsNo Comments

On Sunday, December 27, 2020, the President signed into law a bill that includes the Copyright Alternative in Small Claims Enforcement Act (the “CASE Act”). This enactment marks the culmination of a decade-long effort by ASMP and others in the creative community to create a venue where photographers and other creators can protect their rights. Read on to learn about the CASE Act, and know that ASMP will be leading the way in helping this…

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Google Now Tags Images as “Licensable”: Is This a Game Changer?

By Copyright, Legal, Strictly Business Blog, TechnologyNo Comments

It is one of the most vexing questions photographers face: how do I prevent my images from being stolen when the web has made it so easy to find photographs? The answer we wish we had was that when an image is found online, it is also easy to find the photographer and the licensing info. Enter Google’s new Licensing Badge.  In recent years, Google has been collaborating with the image licensing industry to protect…

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Lynn Goldsmith Gets a “Fair” Shake in 2nd Circuit

By Legal, Strictly Business BlogNo Comments

On September 15, 2020, the United States Court of Appeals for the Second Circuit heard oral arguments in The Andy Warhol Foundation v. Goldsmith, a case that could have powerful implications for photographers’ ability to enforce copyright protections and license their works. (For more on this case, see our previous post here). What Are Oral Arguments Anyway? In an appellate court, the parties to a lawsuit can ask the court to hear oral arguments. It…

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Breaking News: New Register of Copyrights Named

By Legal, NewsNo Comments

Today, the Librarian of Congress, Director Carla Hayden, named Shira Perlmutter the next Register of Copyrights and Director of the Copyright Office.  ASMP congratulates Register Perlmutter on her new position and applauds Dr. Hayden for choosing such a widely respected and renowned expert in both domestic and international copyright law. Register Perlmutter becomes the 14th Register of Copyrights and will assume her new post in late October.  She brings to the position a wealth of experience in copyright…

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PPP Forgiveness FAQ

By COVID-19, Legal, Strictly Business Blog, Town HallNo Comments

The Basics Is loan forgiveness automatic? No. You must request forgiveness through your bank or lender. Who do I request forgiveness from? You request loan forgiveness from the bank or lender who processed your loan. NOT the SBA. How should I use my loan proceeds to be eligible for Forgiveness? Under current SBA guidance: You must use at least 60% of funds for eligible payroll costs to qualify for full loan forgiveness, down from 75%…

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