ASMP — American Society of Media Photographers

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Thomas Maddrey PLLC Archives - ASMP

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 and NPPA Ask the U.S. Supreme Court to Protect Photographers from Copyright Infringement by States

By LegalNo Comments

The American Society of Media Photographers (ASMP) and National Press Photographers Association (NPPA), joined by five other visual arts associations, weighed in on Tuesday in a copyright case that is going to be heard before the U.S. Supreme Court in November, and asked the high court to determine that states cannot freely infringe on copyright. Read the Brief Here Background States generally have a defense called “sovereign immunity” which protects them from being sued for…

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The “Application Approach” to Copyright Died Today

By LegalOne Comment

Cross-posted from maddreypllc.com [by Thomas Maddrey] On January 8, 2019, the Supreme Court of the United State (SCOTUS) heard arguments in Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC. Today, the court handed down their ruling. The court held, “… registration occurs, and copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright.” Let’s dive into this and see what it means in the real world. The Background In a blog…

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Understanding and Implementing the General Data Protection Regulation (GDPR)

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

By Legal, Strictly Business Blog, WebinarsNo 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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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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