ASMP Delivers Copyright Reform Ideas

Posted Jul. 24th, 2015 by Daniel J. Cox

A few weeks ago I alerted all of you to ASMP wanting ideas for copyright reform. Many of you responded by adding your voice on this Blog. I just got an email from them announcing “ASMP Responds to Copyright Office Notice of Inquiry”. You can read more about what they suggested to the US Copyright Office by clicking on the link above.

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ASMP web page announcing copyright reform information.

Here is a short rundown from the email I received.

ASMP has submitted our response to the April 24, 2015 U.S. Copyright Office Notice of Inquiry, which set out to review  “how certain visual works, particularly photographs, graphic artworks, and illustrations are monetized, enforced and registered under the Copyright Act.”

Our response focused on several critical areas including:

  • The need for effective remedies, such as a specialized Copyright Small Claims Court, to counterbalance the rampant infringement of photographic works that involve sums too small to justify litigation in federal Court.
  • Flaws in DMCA take-down procedures that protect infringers while placing an undue burden on rightsholders.
  • The aggregation of visual content by technology companies that amass venture funding and advertising revenues without returning any share to the visual creators whose work they are capitalizing on. 
  • The reliance on expanded interpretations of the Fair Use doctrine as justification for widespread appropriation and misuse of copyrighted works.
  • Extensive client, event and venue demands for Work Made For Hire and Copyright Transfer as contractual workarounds to bypass the intent of Copyright and traditional licensing models.
  • Challenges posed by the registration process including the confusing rules surrounding the separation of and distinction between published and unpublished works and the lack of an effective API that would allow third party software developers to create drag and drop registration from within photo editing applications.

Click here to read the full response.

A special thank you to those who responded to our Call to Action. Your stories helped us identify and articulate key issues based on your real-world experience. 

Our deepest thanks to our members for providing the financial support that allows us to engage effectively and ensure your concerns are heard by key legislative decision-makers. If you are not currently a member of ASMP, please help us support our industry by joining or reinstating your membership today. Visit www.asmp.org/join for details.

Thank you ASMP for reaching out to the creative community and allowing us to be heard on this important issue.

Add Your Voice!
There is 1 comment on this post…
  1. John MuggenborgOn Jul. 29th, 2015

    As a photographer who has seen the beneficial and powerful reach as well as the disruptive revenue channels made available through digital image distribution using the internet in the past 15 years, all of the bullet points in the ASMP response to the Copyright Office Notice of Inquiry are a huge relief for me to read. I could only dream that all of the issues posted here get addressed by the Copyright Office as quickly as possible.
    Thank you for assembling these points and representing visual artists in this debate.

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