ASMP — American Society of Media Photographers

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Legal

ASMP Stance on Russell Brammer v. Violent Hues Productions LLC

By | Legal, Strictly Business Blog | 5 Comments

ASMP Members, Recently, an opinion was rendered in the case of Russell Brammer v. Violent Hues Productions, LLC by the Eastern District of Virginia District Court (No. 1-17-cv-01009 (E.D. Va. June 11, 2018). The purpose of this post is to describe this matter, place it in context in a legal sense, relate the problem, and tell you what ASMP is doing about it. The Background Russell Brammer is a commercial photographer who created a time-lapse…

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Judge Rules Photographer Can Sue University Claiming ‘Sovereign Immunity’ in Copyright Case

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

Cross-posted from Fstoppers [by Jack Alexander] In a case spanning more than two years, a landmark decision has been made after a judge ruled that a photographer is allowed to sue a university who previously tried to claim sovereign immunity after they were caught stealing an image. Back in January we reported the details of the developing case which saw Jim Olive discover one of his aerial photos had been taken and used by the…

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Understanding and Implementing the General Data Protection Regulation (GDPR)

By | Legal | No Comments

The General Data Protection Regulation (GDPR) was put into effect by the European Union in May 2018 to protect the privacy of all individuals within the European Union (EU) and the European Economic Area (EEA), which also addresses the export of personal data outside the EU and EEA areas. The GDPR aims primarily to give control to citizens and residents over their personal data and to simplify the regulatory environment for international business by unifying…

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ASMP Legal Talk: Works for Hire with Thomas Maddrey on May 22 @12pmET

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

ASMP counsel and Dallas attorney, Thomas Maddrey, will address works for hire in this Strictly Business webinar. Mr. Maddrey will discuss issues related to copyright and works for hire, followed by a Q&A with webinar attendees. Webinar attendees are invited to submit topic-related questions prior to the webinar during registration for the webinar so that Mr. Maddrey can address issues of concern during the presentation.  Read Mr. Maddrey’s previous Strictly Business post on  Strictly Business blog…

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ASMP Legal Talk: Should assistants to photographers be treated as independent contractors or employees?

By | Legal | No Comments

As a follow- up to Thomas Maddrey’s April 23rd Webinar: Contractors vs. Employees (video link below), Thomas Maddrey and Madeleine Shroyer of Maddrey PLLC, provide a more detailed analysis, Classification of a Photographers’ Assistants, in determining if you should be classified, or you should classify individuals working for you, as a contractor or an employee per existing federal and state statutes. Legal Talk Webinar with Thomas Maddrey: Contractors vs. Employees  Every photographer has dealt with…

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Complete ACA Survey to Secure Funding for ASMP Programs

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

Dear Member, I’m writing to seek your help in filling out a survey questionnaire from the Authors Coalition of America (ACA). As previously discussed, in order to receive funds from the ACA, we are required to submit affidavits from every member indicating that they have the potential to have had work copied by entities overseas as a precondition. What does this mean to ASMP: The ACA distributes non-title specific funds received from overseas entities belonging…

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Strictly Business Legal Talk with Thomas Maddrey: Contractors vs. Employees

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

Image © Jon Roemer LEGAL TALK with Thomas Maddrey: Contractors vs. Employees Monday, April 23rd @12pmET  Every photographer has dealt with this question: Are my assistants employees or independent contractors? Or maybe you are on the other side of the ledger and as an assistant wondering if you should be paid as a W-2 employee or a 1099 contractor. This webinar will examine what goes into this determination, and how to best protect yourself no…

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Photographer of Marlboro Ads Exhibits Photos Richard Prince Copied

By | Legal, Strictly Business Blog | No Comments

Cross-posted from pdnpulse.com [by Holly Hughes] Richard Prince, the controversial and often-sued appropriation artist, first achieved fame in the 1990s with his “Untitled (Cowboy)” series, for which he re-photographed ads for Marlboro cigarettes. While some photographers who worked on the campaign have complained about Prince getting rich on their images, photographer Norm Clasen is taking a new approach. He is now exhibiting the cowboy images he shot for Marlboro in the 1980s at M+B Gallery…

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Appeals Court Rejects Co Rentmeester’s Copyright Claim Against Nike

By | Legal, Small Claims Report, Strictly Business Blog | No Comments

Cross-posted from pdn.com [By David Walker] The Ninth Circuit Court of Appeals has rejected photographer Co Rentmeester’s copyright infringement claim against Nike, affirming a lower court decision that Nike’s famous “Jumpman” logo and the photograph on which that logo was based are not “substantially similar” to a photograph by Rentmeester. The decision was handed down yesterday. The case underscores one of the basic principles of copyright law, which is that copyright protects only the expression…

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Legal Developments: Photographers at Risk for Treating Crew as Independent Contractors

By | Legal, Strictly Business Blog | No Comments

Cross-posted from pdn.com [by David Walker] A recent class action lawsuit against a California advertising photographer comes as a warning that standard practices for hiring and paying crew have not kept up with state laws. Producers, photographers and clients may all be at risk of legal action. The advertising photographer is being sued by a freelance director he hired for two productions in early 2017. The director claims that the photographer misclassified him as an…

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