ASMP — American Society of Media Photographers

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Legal

Scams Targeting ASMP Members

By | Legal, Strictly Business Blog | No Comments

In April we posted an alert regarding a check fraud scam that was appearing to target ASMP members. Unfortunately, this tactic is still being used to target photographers and artists, and we urge our members to be on the lookout for this and other commonly used scams. By being aware of some common red flags and scenarios, photographers may better protect themselves and their work. The most common technique we have seen occurring is a…

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ASMP Strategic Partner, NPPA, Seeks Photojournalists Who Have Had Their Equipment Searched at the U.S. Border 

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[By Mickey H. Osterreicher, Esq.] A number of years ago, the National Press Photographers Association (NPPA) was an associational plaintiff in a lawsuit against the Department of Homeland Security regarding the suspicionless searches of laptops and other media storage devices belonging to citizens and, as importantly, to journalists entering the U.S. Unfortunately, the judge, in that case, could not wrap his head around the concept that such devices are far different than searching a suitcase…

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Transformative Use v. Derivative Use:  Will the Outcome of a Recent Lawsuit Test the Limits of Fair Use Doctrine, or Result in a Free-for-all?

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        [by Sammetria Goodson and Thomas Maddrey, Maddrey PLLC] As ASMP members may know, there is an on-going legal battle over the concept of “fair use” in copyright infringement claims. One of the more recent cases involves photographer and ASMP member Lynn Goldsmith, who was sued by the Andy Warhol Foundation for the Visual Arts, Inc. (“Foundation”) in April 2017. The Foundation utilized a legal device known as a “declaratory judgment” to…

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Participate in the Authors Coalition Survey to Benefit ASMP Programs

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Image © J. David Ake   For the past year, ASMP has been working with many other author groups as part of the Authors  Coalition to reclaim non‐title-specific royalties from photocopies made abroad. With your help, in the past year ASMP has collected $80,000, which has allowed us to support and fund our Foundation, Seminars, Chapters, Specialty Groups, Online Business Resources and much more. Our share of the money collected is determined by the responses that we get from the genre survey below; your prompt and accurate answer on the Authors Coalition Survey will determine…

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Review of KodakIt Program

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  [by Nathan Hoerschelmann]   Tom Kennedy, ASMP’s Executive Director, asked me to look over the KodakIt program and to share my thoughts. KodakIt advertises itself as a platform connecting photographers to businesses globally with the phrases “Earn more money. Be your own boss. Get paid fast. Shoot when you want.” 1. Mass Access Is Alluring There are a few ways in which this program seemingly addresses most freelancers’ concerns: 1) access to new clients,…

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ASMP Perspective and Action on Copyright Reform

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As the ongoing copyright reform process before the House Judiciary Committee moves to an important new stage, ASMP believes it is critical that members have a clear understanding of that process and the role our organization is playing in protecting the interests of small creators. I recently sat down with ASMP Executive Director Tom Kennedy and ASMP’S outside counsel Mike Klipper to get their perspective on what this really means for photographers and other visual artists and…

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ASMP Co-Hosts Copyright Q&A Session at the Antonin Scalia Law School of George Mason University

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Arlington, Virginia  ASMP, in conjunction with the Antonin Scalia Law School’s Center for the Protection of Intellectual Property (CPIP) at George Mason University, and the Washington Area Lawyers for Artists (WALA) hosted a panel discussion where Antonin Scalia Law School students responded to questions posed  by ASMP members.  The questions addressed pertained to DMCA Take Down Notices, posting content on social media, and classification of “work made for hires” among other issues.  Following the panel presentations, ASMP and WALA…

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Photographer Glen E. Friedman Wins Appeal in Copyright Case v. Live Nation Merchandise

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Cross-posted from pdnonline.com [by Conor Risch] A federal appeals court has ruled that a lower court erred when it dismissed photographer Glen E. Friedman‘s willful copyright infringement claims against Live Nation Merchandising in 2014. The United States Court of Appeals for the Ninth Circuit said evidence in the case suggests willful infringement, and that Friedman may be entitled to more damages. The case has been sent back to the lower court, where Friedman is awaiting…

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