Copyright Office Extends Period for Reply Comments in Notice of Inquiry Regarding Copyright Protection for Certain Visual Works

Good news!

The Copyright Office has published a Federal Register notice extending the deadline for public reply comments that reply to initial comments submitted in connection with the Office’s April 24, 2015, Notice of Inquiry on Copyright Protection for Certain Visual Works. Reply comments are now due onOctober 1, 2015.

For more information, please see http://copyright.gov/policy/visualworks/.

Check Photo Attorney on Lynda.com, in the Lynda.com Article Center, and on Twitter!
Share

Must Watch: “Everything You Know About Copyright Is About To Change”

Also check the links under the video in the “Show More” area.

Check Photo Attorney on Lynda.com, in the Lynda.com Article Center, and on Twitter!
Share

Prime Rights Grab

One of my happiest moments: petting gray whales in Magdalena Bay

One of my happiest moments: petting gray whales in Magdalena Bay

Along with Amazon’s Prime Day, “a one-day shopping event on July 15, 2015, with more deals than Black Friday,” Amazon is hosting a “PrimeLiving Photo Contest.” Amazon invites you to “choose or take a photo of your happiest moment” and to “choose your best photo” to enter. You will have a chance to win $10,000
in Amazon Gift Cards.

Unfortunately, just by submitting your photo, you agree to:

grant[] to Sponsor the non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the Photo throughout the world in any media, to the extent permitted by applicable law.

and

Sponsor’s use of the entrant’s name, likeness, photograph or image, whether in writing, audio, and/or video, for any purpose, in any media, without compensation or additional consideration to entrant.

It gets worse. If you win, you have to transfer the copyright to your photo to Amazon:

[W]inners will be required to sign and return a “Transfer of Copyright” form as requested by Sponsor. Winners hereby acknowledges and understands that under such Transfer of Copyright form, he/she will be assigning exclusively, irrevocably, and in perpetuity, and on a royalty-free basis to Sponsor (or to Sponsor’s affiliates) all copyright ownership and all other proprietary rights in and to his/her Photo, such that Sponsor (and its affiliates) will have the unrestricted right to edit the Photo in any manner and to use (or not use) the Photo for any and all purposes whatsoever (including, without limitation, the creation of derivative works, and/or any and all other forms of commercial or non-commercial exploitation), regardless of whether or not related to the Contest.

This contest’s rules just might ruin your “happiest moment.”

Check Photo Attorney on Lynda.com, in the Lynda.com Article Center, and on Twitter!
Share

Copyright Office Requests Public Comment on Mass Digitization Pilot Program

The U.S. Copyright Office has published a Federal Register notice requesting written comments to assist it in developing draft legislation that would establish a legal framework for certain mass digitization activities. For the past several years, the Office has been exploring ways to facilitate and support mass digitization projects serving the public interest while appropriately balancing the interests and concerns of copyright owners. In its recently issued Orphan Works and Mass Digitization Report, the Office proposed the creation of a limited “pilot program” that would allow certain types of mass digitization projects to be authorized through a system known as extended collective licensing (ECL). The ECL pilot program recommended by the Office would enable users to digitize and provide access to certain works for research and education purposes under conditions to be agreed upon between rightsholder and user representatives.

Because the success of such a system depends on the voluntary involvement of both copyright owners and users, the Office is inviting public comment on several issues concerning the scope and operation of the pilot program. The Office will then seek to facilitate further discussion through stakeholder meetings and, if necessary, additional requests for written comment. Based on this input, the Office will draft a formal legislative proposal for Congress’s consideration.

The Notice of Inquiry is available here. Written comments are due on or before August 10, 2015.

Check Photo Attorney on Lynda.com, in the Lynda.com Article Center, and on Twitter!
Share

Proceed with Caution: Copyright Office Releases Report on Orphan Works and Mass Digitization

The U.S. Copyright Office today released Orphan Works and Mass Digitization: A Report of the Register of Copyrights. The Report documents the legal and business challenges faced by good faith users who seek to use orphan works and/or engage in mass digitization projects. It provides a series of legislative recommendations that offer users a way forward out of gridlock, but also take into account the legitimate concerns and exclusive rights of authors and other copyright owners.

The Copyright Office has long held the view, which it reiterates in the Report, that too many valuable projects are forestalled because users can neither locate the rightsholders nor protect themselves or their licensees from ongoing exposure to liability. Similarly, recent litigation has highlighted a gap in the law regarding how to fully facilitate mass digitization projects that are in the public’s interest without undermining the rights of copyright owners, including the right to be fairly compensated.

With respect to orphan works, the Report provides draft legislation that draws upon the Shawn Bentley Orphan Works Act passed by the Senate seven years ago, albeit with some updates and changes that reflect intervening developments and public discussions.

With respect to mass digitization, the Report recommends a more incremental approach that would allow the United States to gain experience with an extended collective licensing framework that is in use or under consideration elsewhere in the world. The Office suggests a “pilot program” that would enable users to digitize and provide access to certain works for research and education purposes under conditions to be agreed upon between rightsholder and user representatives. To assist it in developing appropriate legislation, the Office is issuing a Notice of Inquiry contemporaneously with the Report, inviting public comment on various issues concerning the scope and administration of such a program.

The full report is available at www.copyright.gov/orphan.

Check Photo Attorney on Lynda.com, in the Lynda.com Article Center, and on Twitter!
Share

Photography Rules in National Parks

Red Rocks Dusk - Copyright Carolyn E. Wright

Check out this great article by Mattie Schuler at Backpacker.com on the rules for photography in the National Parks, with quotes from Photo Attorney, Carolyn E. Wright.

Check Photo Attorney on Lynda.com, in the Lynda.com Article Center, and on Twitter!
Share

Drone Photography and the Law

Edgewood Aerial - Copyright Carolyn E. Wright

Photographers and videographers are discovering an exciting way to shoot via drones. But be sure that you understand the laws related to this new area before taking off.  First, check Photo Attorney’s article on flying drones at Lynda.com.  Then see Forbes’ report on media use of photos taken from drones.

Check Photo Attorney on Lynda.com, in the Lynda.com Article Center, and on Twitter!
Share

Everything You Need to Know About eCO Registration* (*but were afraid to ask)

Leslie BurnsJoin Photo Attorney®, Leslie Burns, for the APA | SD presentation: “Everything You Need to Know About eCO Registration* (*but were afraid to ask)” on Thursday, May 14th, 2015, from 7:00 – 8:30 pm (doors open at 6:30 pm) at the Riverdale Studios, 6314 Riverdale Street, San Diego, CA 92120. Leslie will walk you, step-by-step, through the process to register your copyrights using the eCO system. Learn more and register on the APA | SD website.

Check Photo Attorney on Lynda.com, in the Lynda.com Article Center, and on Twitter!
Share

U.S. Copyright Office Publishes Index of Fair Use Decisions in Support of U.S. Intellectual Property Enforcement Coordinator

Calla Lilly - Copyright Carolyn E. Wright

Register of Copyrights Maria A. Pallante today announced the launch of the U.S. Copyright Office’s Fair Use Index, which is designed to provide the public with searchable summaries of major fair use decisions. The Index was undertaken in support of the 2013 Joint Strategic Plan on Intellectual Property Enforcement prepared by the U.S. Intellectual Property Enforcement Coordinator within the Executive Office of the President.

Although not a substitute for legal advice, the Index is searchable by court and subject matter and provides a helpful starting point for those wishing to better understand how the federal courts have applied the fair use doctrine to particular categories of works or types of use, for example, music, internet/digitization, or parody.

“The doctrine of fair use has been an essential aspect of our copyright law for nearly 175 years,” said Pallante, “but it has too often been a mystery to good-faith users who seek more detail about its application. It has been a pleasure coordinating this practical and important resource with the U.S. Intellectual Property Coordinator’s office.”

“The doctrine of fair use is a vital aspect of U.S. copyright law,” said Danny Marti, the U.S. Intellectual Property Enforcement Coordinator at the White House, “and it is applied regularly in our daily life. I commend Register Pallante and the Copyright Office for producing this important resource—a resource that not only helps to make the doctrine more accessible, but also serves to re-emphasize the significance of this right as part of our culture. Indeed, it is the combination of a strong copyright system with a right of fair use that encourages creativity, promotes innovation and respects our freedom of speech and expression.”

The goal of the Index is to make the principles and application of fair use more accessible and understandable to the public by presenting a searchable database of court opinions, including by category and type of use (e.g., music, Internet/digitization, parody).

The Fair Use Index may be accessed on the Copyright Office’s website at http://copyright.gov/fair-use/index.html or via the U.S. Intellectual Property Enforcement Coordinator’s website at http://www.whitehouse.gov/omb/intellectualproperty.

Check Photo Attorney on Lynda.com, in the Lynda.com Article Center, and on Twitter!
Share
Page 1 of 9212345...102030...Last »

*Notice*

Welcome to the website for the
Law Office of Carolyn E. Wright, LLC.
The information here is for educational purposes only and does not constitute legal advice.

7-day free trial
Subscribe Get updates via your RSS reader!

Posts by Topic (incomplete)

Picade
We support the Embedded Metadata Manifesto
I support the Artist's Bill of Rights
Featured in Alltop

Blog Archives


This post originated from http://www.photoattorney.com/. Follow Photo Attorney on Twitter for quick updates on the law for photographers! Check Photo Attorney on Lynda.com and in the Article Center