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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?

By Legal, Strictly Business BlogNo Comments

        [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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Sales Tax Help for Photographers

By LegalOne Comment
An executive works in his office at BDO accounting in Miami Florida © Paul Morris Disclaimer: This article has been made available for educational purposes only and is not meant to serve as a substitute for accounting or legal advice. A local accountant or other tax -law professional should always be consulted to ensure compliance with all applicable tax laws. As a photographer, reading up on sales tax rules for your state is probably just...
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Participate in the Authors Coalition Survey to Benefit ASMP Programs

By Advocacy, Legal, Small Claims Report, Strictly Business BlogNo Comments

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

By Legal, Strictly Business BlogNo Comments

  [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

By Advocacy, Legal, News, Small Claims Report, Strictly Business BlogNo Comments

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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Works for Hire: How Not to Get Bitten

By Legal, Strictly Business BlogOne Comment

One of the questions I get most from working photographers is about the rules related to “works for hire” in copyright law and contracts and how to identify them. In this post, I want to shed some light on work for hire, and how you can best protect yourself in the market. Copyright :: A Refresher Being that this is my first blog post for ASMP, I thought I might do a (very short) refresher…

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

By Legal, Small Claims ReportNo Comments

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

By Legal, NewsNo Comments

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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Second Circuit Brings Some Sanity Back to Transformative Fair Use

By Legal, Strictly Business BlogNo Comments

Cross-posted from cpip.gmu.edu [by Devlin Hartline] The Second Circuit handed down an opinion in TCA Television v. McCollum earlier this week holding that a play’s inclusion of Abbott and Costello’s famous “Who’s on First?” routine was not transformative fair use. Given how expansive transformativeness has become lately, especially in the Second Circuit, the opinion is somewhat surprising. What’s more, it’s not clear that the appellate court even needed to reach the fair use issue since…

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Letter from Leif Skoogfors About ASMP Legal Fund

By LegalNo Comments

Dear ASMP, Today I mailed a check for $500.00 to ASMP’s Legal Fund. I also wish to acknowledge the superb advice and counseling I received from Victor Perlman as I struggled to deal with the many (600+ est) infringements of the Jane Fonda and John Kerry photograph which flooded the Internet after it was gang pirated during the 2004 election. To put it simply, without ASMP, I would have been lost. My first case has…

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