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NPPA Submits Comments Regarding Orphan Works

January 26th, 2013 by and tagged , , , , , , , , , , , , , , , , ,

The National Press Photographer’s Association (NPPA) has, in response to a Notice of Inquiry (NOI) by the Copyright Office, submitted comments on the issue of orphan works and mass digitalization. The Copyright Office has solicited comments for use in advising Congress on how to address current issues involving copyright and orphan works.

These official comments, written by NPPA attorneys Mickey Osterreicher and Alicia Calzada, with contributions from board member Greg Smith and NPPA intern Joan Blazich, discuss the issues currently facing visual journalists regarding copyright and propose solutions for creating a system which would treat copyright holders and users of orphaned works fairly and efficiently.

The comments state that “NPPA is gravely concerned that in seeking to address the frustration of ‘good faith users’ of Orphan Works in order to cure their potential liability and ‘gridlock in the digital marketplace,’ the Copyright Office may create a far more serious problem for authors/owners of visual works.” The comments also note that “As visual journalists, our members are squeezed from every side by onerous contracts seeking all rights for little compensation, the proliferation of user generated content by publishers and the widespread infringement of visual works by individuals and organizations. While we understand and appreciate the concerns of those in the copyright community who need to use Orphan Works, we believe it is crucial to protect the copyright of recently created visual works that, for whatever reason, appear to be orphaned when, in fact, they are not.”

NPPA attorneys Osterreicher and Calzada plan to attend the Copyright Office’s public hearings on orphan works once dates and times for those hearings are announced. As more visual journalists face situations in which their images are misappropriated under an “orphan works” claim, the NPPA proposes that if any legislation is enacted, it must include language that protects authors from predatory practices by those who would infringe upon our members’ work with impunity under the protection of a new law.

“Photographers are lucky to have advocates like Mickey, Alicia, Greg and Joan, who spend a great deal of time examining these issues and and how they will affect our members and all those who create content,” said NPPA President Mike Borland.  “The orphan works issue won’t be resolved soon and it certainly won’t be resolved properly without our voice being heard,” he added.

In accordance with that goal, the comments recommend significant limitations on what works qualify as orphans and which users would be entitled to such  protection. In addition, the NPPA advocated for registration of any uses of orphan works, along with a bond or insurance requirement to protect rights holders’ financial interests in the event they come forward to make a claim.

To read the NPPA’s comments, click here. To read the Copyright Office’s current NOI, click here. To read about previous Copyright Office inquiries on the subject of orphan works click here.

Posted in copyright, copyright infringement, National Press Photographers Association, NPPA, Orphan Works, Photographers' Rights, U.S. Copyright Office, Visual Journalists | No Comments »

NPPA meets with Copyright Office

March 23rd, 2012 by Alicia Calzada and tagged , , , , , , , , , , ,

Representatives of the National Press Photographers Association met a couple of weeks ago with attorneys from the United States Copyright Office to discuss copyright small claims solutions and other copyright issues important to photojournalists.

NPPA General Counsel Mickey Osterreicher, NPPA Executive Director Mindy Hutchison, and NPPA Attorney and Advocacy Chair Alicia Calzada took a break from the weekend’s Northern Short Course in Fairfax, Virginia to met with the General Counsel of the Copyright Office and two policy attorneys from the office in Washington, D.C.

Calzada and Osterreicher at the Copyright Office in DC. Photo by Mindy Hutchison.

 

NPPA submitted official comments to the Copyright Office back in January, outlining the challenges that photojournalists have relating to copyright claims, particularly smaller claims, and sharing the organization’s view of what we would like to see in a solution for small copyright claims. Friday’s meeting allowed NPPA to expand on the topics raised in the comments and answer questions from the Copyright Office.  Any small copyright claims solution would likely require passage from Congress.

Click here to read a copy of NPPA’s official comments to the Copyright Office.

 

 

Posted in copyright, Copyright Small Claims, District of Columbia, Legal, National Press Photographers Association, News Photography, photographers, Photographers' Rights, photojournalism, Uncategorized | No Comments »