ASMP — American Society of Media Photographers

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Legal

Payroll Protection Program: Why Every Photographer, Artist and Small Business Needs to Apply

By COVID-19, Legal, Strictly Business BlogNo Comments

Payroll Protection Program: It’s For You As part of the CARES Act passed on March 27, 2020, a large amount of money is allocated towards a program known as the Payroll Protection Program (PPP). In a nutshell, this program allows for a loan of 2.5x average monthly payroll which, if you use it for a few specified purposes (payroll, rent, utilities, etc.) will be FORGIVEN! Meaning you don’t have to pay the money back. Read…

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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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ASMP Joins Critical Supreme Court Amicus Brief

By Legal, Strictly Business BlogNo Comments

ASMP has joined nine other creators’ rights groups in an amicus brief arguing for protections for creators in Google v. Oracle case. This term the United States Supreme Court is set to hear a long-fought copyright case between Google and Oracle. While these two technology giants are different than the usual types of litigants that ASMP would support, the law at issue here will have a direct impact on all photographers and copyright law in…

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Copyright Office Announces New Fees: How does this affect you?

By Copyright, LegalNo Comments

The United States Copyright Office (USCO) announced February 19, 2020 that it’s “adopting a new fee schedule for services in the following areas: registration, recordation, record retrieval, search and certification, the Licensing Division, and other services.” This USCO change stems from a series of studies conducted to determine what fees need to be modified for services provided by the USCO. The USCO revisits this issue every three to five years and considered over 160 public…

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FREE ASMP Legal Clinic: Photographers, Assistants, Employees and Contractors

By Legal, Strictly Business Blog, WebinarsNo Comments

February 25, 2020 @1pm EST (12pm CST, 11am MST, 10am PST) Recently, ASMP and NPPA joined forces in a Legal Clinic to discuss California law AB5, and how freelance photographers are being affected not only in CA and NY, but across the country. But what about the other side — photographers who hire assistants, digital techs, and other support staff? Are these people independent contractors or employees? What is the criteria? If you misclassify, what…

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FREE Legal Clinic: New Employment Laws and Photographers – How AB5 in California is Changing the Legal Landscape

By Legal, WebinarsNo Comments

Tuesday, February 11th at 12pmET (11amCT/10amMT/9amPT) Join ASMP and NPPA for FREE Legal Clinic on how AB5 in California has changed the way photographers and photojournalists do business. Panelists include Thomas Maddrey, ASMP General Counsel; Alicia Wagner Calzada, NPPA’s Deputy Counsel; and Richard Blum, who specializes in wage and discrimination law. The webinar will address the following: How AB5 in California has changed the way photographers and photojournalists do business. What visual artists who hire…

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Drone Photography—The FAA’s Attempts to Regulate, and an ASMP Member’s Response

By Drones, Legal, Strictly Business BlogNo Comments

For a few years now, ASMP has been tracking the laws and regulations related to drone photography and videography. Recently, one company in particular had been at odds with the FAA about certain classifications. SkyPan International was founded in 1988 by president Mark Segal. Segal is a long-time member of ASMP, but as a general member and in leadership, his company uses drone technology to capture aerial panoramic photography above private property in urban areas…

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ASMP Launches Legal Clinic

By Legal, WebinarsNo Comments

    Each day, the modern photographer addresses multiple legal issues in their businesses. Whether it is copyright, contracts, or other legal requirements, photographers have had to up their game with basic legal knowledge to ensure that their work and livelihood is protected, and that they are compensated fairly for their work. ASMP is well aware that legal services can be a very expensive line item in a photographer’s budget, especially if legal counsel is…

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