Photo Attorney

Jul 17, 2009

Quick Links, Rights Grabs, and Updates

  • The Copyright Office is proposing to amend its regulations to require that applications for registration paid for by deposit account debits be submitted electronically using the electronic Copyright Office (eCO) registration system. The Office is also requesting comment as to whether deposit accounts offer sufficient efficiencies to continue offering this service. Comments are due by August 28, 2009. For further information, go to the Copyright Office.

  • The Copyright Office is proposing to amend its regulations governing mandatory deposit of electronic works published in the United States that are available only online. The amendments would establish that such works are exempt from mandatory deposit until a demand for deposit of copies or phonorecords of such works is issued by the Copyright Office. They would also set forth the process for issuing and responding to a demand for deposit, amend the definition of a complete copy of a work for purposes of mandatory deposit of online-only works, and establish new best edition criteria for electronic serials available only online. Comments are due by August 31, 2009. Check the Copyright Office website for more information.

  • The Wall Street Journal reports that the Justice Department is investigating the Google Book Settlement to make sure that it doesn't violate antitrust laws.

  • Jim Goldstein explains how his DVD with the deposit copies of his photos for his copyright registration was damaged. The US Copyright Office gives tips on how best to packages to it:

    To avoid damage to your deposit from Library security measures, please package the following items in boxes rather than envelopes for mailing to the Copyright Office:

    - electronic media such as audiocassettes, videocassettes, CDs, and DVDs
    - microform
    - photographs
    - slick advertisements, color photocopies, and other print items

    Also please note that CDs packaged in standard full-sized jewel boxes are more likely to survive the mail irradiation process than those packaged in slim-line cases.

  • The band, Jane's Addition, is asking photographers to sign this rights-grabbing "Photo Release" before granting them a photo pass.

  • The Roses on the Windshield Photo Contest requires that you pay a $42 entry fee and "by submitting your story and / or photo you . . . assign all rights to your story and / or photo to Roses on the Windshield (roses) or (Paul Flood Marketing, LLC).

  • Bravo TV is conducting casting calls for "contemporary artists" with mediums such as painting, sculpture, installation, video, photography, mixed-media for an "hour-long creative competition series among aspiring contemporary artists" called "Untitled Art Project." Unfortunately, by signing the Application to appear on the show, you agree (on pages 16-17) that:
    Releasees exclusively own all right, title, and interest (including, without limitation, all copyrights) . . . to any materials [you] have provided or may provide in connection with this applications, the Program and the contestant selection process . . . (the "Materials") [and] the right and a worldwide, perpetual, transferable license to edit, alter or modify the Materials and to use all or part of the Materials . . . that I may submit . . . in any and all media now known or hereafter devised, throughout the universe, in perpetuity . . . in connection with advertisements, promotion, publicity, marketing and merchandising, or otherwise. I grant the rights hereunder whether or not I am selected to participate in the Program in any manner whatsoever. I understand that I will not be paid any money for giving Releasees these rights . . . .

  • By entering the AnchorBank's 2010 Calendar Photo Contest:
    You also hereby grant to us, our affiliates and licensees, a royalty-free, non-exclusive, perpetual, worldwide right to copy, edit, adapt, distribute, perform, display, and/or use, these photographic images, including any derivative works created from these materials, in whole or in part, for any purpose and in any manner, form, format or medium, now known or later developed, including without limitation, on the Internet, in print and on-air, and/or in any advertising or promotions. . . . You also grant to us the right to sublicense to any person or entity the unrestricted right to exercise any of the rights you have granted to us in this agreement.

  • thisMoment is a website that allows users to save and share "the Moments of your life." By using its service:

    you hereby grant thisMoment a worldwide, non-exclusive, royalty-free, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site and thisMoment's (and its successors' and affiliates') business, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. By posting User Content, other than as "Private," you are granting (a) to all members of your Friends group, and/or (b) to the general public, permission to use your User Content as permitted by these Terms of Use, including, without limitation, a non-exclusive, world-wide, royalty-free license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your User Content without having your name attached to it.

  • Twitpic lets you share your photos on Twitter, but then they can be shared elsewhere. The Terms provide:
    By uploading your photos to Twitpic you give Twitpic permission to use or distribute your photos on or affiliated sites." You may view recently-submitted Twitpic photos on its home page. Those photos then can be used by others: "Twitpic Community Guidelines specify that if you post a Twitpic photo on an external website, the photo must link back to its photo page.
Thanks to Matt Ward, Walter Rowe, Patty Hankins, Aaron Wulf, Troy Freund, Janet White, Carlo A. Balistrieri, and Ryan McGinnis for submitting these topics.