ASMP » All Posts Tue, 24 Apr 2018 09:44:23 +0000 en-US <![CDATA[Getting Ready for the GDPR – Can Legal Provide some Clarification?]]> Thu, 12 Apr 2018 14:43:33 +0000 TomKelly I just received an email from Google:

[Action Required] Important updates on Google Analytics Data Retention and the General Data Protection Regulation (GDPR)

I checked in with MailChimp:
“The GDPR was adopted in April 2016, but will officially be enforceable beginning on May 25, 2018. There will not be a “grace period,” so it is important that organizations impacted by the GDPR get ready for it now…” (MailChimp).

Can ASMP Legal or anyone on the forum put this into plain English, so we know what needs to be done to comply and be protected?

Thank you,

Thomas A. Kelly

]]> <![CDATA[advice on license to watercolor my images]]> Mon, 02 Apr 2018 15:26:03 +0000 Mary Rice Today I received a request for a license from a watercolor artist to watercolor and sell two images of mine that have inspired her. She says she will be selling these and will write on the back inspired by my photography. I’m impressed that she actually asked before proceeding (assuming she’s being truthful), so I’m inclined to grant her a license; however, I’m interested in advice from the ASMP community re whether I should ask to look at the finished watercolor images first to make sure they look more like watercolor renditions than my original photography, whether I should charge a fee or percent of sales, ask more questions re size etc, ask her to include my contact info on the back of her canvas etc. Any suggestions? Thanks!

]]> <![CDATA[Supplemental Information for Clients Re. Copyright]]> Sat, 24 Mar 2018 18:11:37 +0000 David Eichler Do any of you supplement your legal documents with any additional written information regarding copyright, to help clients understand the importance of this subject? In particular, I am thinking in terms of third party usage and transfer of the usage license to other parties. I am sure most of us have had the experience, when our usage terms require our written permission for third party usage, of a client (perhaps mistakenly and perhaps not) permitting other parties to use our photos without first seeking our permission to do this, and the resulting legal and diplomatic hassle that is often the result of such an occurrence.

]]> <![CDATA[Instagram terms of service]]> Fri, 16 Mar 2018 21:36:20 +0000 hmpaul What are Instagram’s current terms of service? I know they were all the talk recently after some changes. Thanks, from Colorado.

]]> <![CDATA[Do I need to copyright derivative works?]]> Thu, 15 Mar 2018 22:19:48 +0000 robertripps If I take an image of mine, one that I already have registered with the US copyright office, and rework it- manipulate it in a major way, change colors, maybe add another of my images to it, change the whole look and feel of the image- to create a new image, should I be registering that finished piece as its own new registration (or more likely, with other similarly manipulated images) to give myself more protection in the case of unauthorized use?

Or, is the fact that the underlying image(s) is/are registered in my name give me the same protections, with no additional work or expense? Opinions, case law, ..?


]]> <![CDATA[Reply To: Demand/infringement letter?]]> Thu, 01 Mar 2018 00:14:11 +0000 An intellectual property specialist should write the letter for you, particularly since the image was registered prior to use. I highly recommend McCulloch Law in NYC:

Feel free to contact me directly about this.


Laura Dwight

]]> <![CDATA[Reply To: Demand/infringement letter?]]> Thu, 01 Mar 2018 00:03:35 +0000 21954 Thanks Michael and William!  Of course we could spend a lot of time going after these but this one is so blatant and it is advertising.  Getty pegs this use at about $1500 – $2000.


]]> <![CDATA[Reply To: Demand/infringement letter?]]> Wed, 28 Feb 2018 21:28:44 +0000 chilawas I had the opportunity last year to interview photographer Todd Bigelow on this topic. He sends these letters on a regular basis, so he’s gotten very good at it. The short answer is he sends a friendly initial letter asking for proof of a license, then lets the infringer ask about a retroactive license. He said he has fairly good results with this approach, and it’s only when an infringer doesn’t respond to his inquiries that he turns it over to a lawyer.–fight-back-against-image-theft–it-s-easier-than-you-think/

]]> <![CDATA[Reply To: Demand/infringement letter?]]> Wed, 28 Feb 2018 21:09:00 +0000 hartphoto OK, I am not an attorney, but….

I do believe you paint yourself into a corner if you need to go a legal route, if you invoice, as you are stating that is what the image is worth and you will have a tough time getting anything more. Since you registered the image, I would consult an attorney before proceeding.

]]> <![CDATA[Demand/infringement letter?]]> Wed, 28 Feb 2018 20:32:09 +0000 21954 Hello,

I just discovered an unauthorized use of one of my images for an email advert.  I don’t see any other uses on the company site or anywhere else so I’m not going to send a DMCA notice, but I think I will invoice them for this use.  Does anyone have a letter or template to use for this?  I’ve heard of photographers sending an invoice with a letter explaining the usage rules and infringement.  And I did register the copyright 😉

Thank you – Will