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Advocacy

Copyrightlaws.com Sheds Light on Moral Rights in the United States

Posted by Rebecca Blake on February 16, 2017

Copyrightlaws.com logoIn light of the Copyright Office’s Notice of Inquiry (NOI) on Moral Rights, Copyrightlaws.com has done us all a favor in posting their article, “Moral Rights in US Copyright Law.” The NOI is revisiting creators’ rights, which, in the United States, are little understood. In this context, “moral rights” has little to do with religion, but refers to non-economic rights that are personal to an author. The Copyrightlaws.com article provides an easy-to-understand explanation and background information on the topic.

The article describes moral rights as those that protect the reputation of the author (not the owner) of a copyrighted work. As set out in the Berne convention, those rights include the right of paternity (the right of the author to put their name on a work, or to remain anonymous – generally when the author has economic rights in the work) and the right of integrity (the right of the author to object to any changes to their work that may damage his or her reputation).  

When the United States joined the Berne Convention, it interpreted moral rights more narrowly and concluded that between federal and state laws, moral rights are explicitly protected in the US. Additionally, the Visual Artists Rights Act (VARA) of 1990 amended US Copyright Law to conferr additional rights (the right of attribution and the right of integrity) to the authors of certain visual works. However, those works can only exist as single copies or in limited editions of 200 or less.

The Copyright Office’s NOI asks for comments on concerns raised “with the patchwork of protection” provided by federal and state law. The questions in the NOI are extensive, and cover everything from the effectiveness of VARA, whether copyright law provisions on content management information are sufficient, and how stronger moral rights provisions could affect First Amendment rights, to how technology could address the problems authors face in protecting their rights of attribution and integrity. Comments to the Copyright Office are due March 30th.

Copyrightlaws.com publishes articles and resources on US and Canadian copyright law, and conducts etutorials on intellectual property rights. It was founded by IP attorney Lesley Ellen Harris, who has written several books on Canadian copyright law and digital property. Harris also frequently blogs on current copyright concerns.

Eliminating the NEA: FastCompany Outlines What a Bad Idea This Is

Posted by Rebecca Blake on February 03, 2017

National Endowment for the Arts logoIn late January, Donald Trump’s transition team informed White House staff that the President’s budget included steep cuts for a number of federal agencies. Among the cuts reported by The Hill, the National Endowment for the Arts and the National Endowment for the Humanities would be eliminated. The news set off alarms for arts advocates. In its article, “Defunding the NEA Would Be Incredibly Stupid: Here’s Why,” FastCompany pulls no punches in contesting the wisdom of that move.

Author Diana Budds points out that while the NEA takes up a paltry amount of the federal budget – the NEA and NEH combined consume only 0.02% of the budget (or an average annual cost of 46¢ to each taxpayer) – the programs they support bring immeasurable value to urban and rural communities across America. The article also cites NEA statistics that estimate each 1$ of NEA funding yields an additional $9 of additional grants from public and private sources, generated from the legitimacy NEA funding gives to a project.

The article outlines a number of projects the NEA supports, which provide real, economic value in, for example, supporting entrepreneurship, reclaiming unusable spaces, or promoting education. Among the programs supported by the NEA and mentioned in the FastCompany article are:

• The design of a warming bassinet for premature infants, under development in Rhode Island;
• The transformation of a brownfield in Carlisle, PA (part of a larger urban renewal project);
• The development of urban spaces under elevated rails and freeways through the Under the Elevated project in New York City, organized by the Design Trust for Public Space;
• A program to educate and support entrepreneurship in the Navaho Nation, led by Denver, CO design firm Catapult;
• Building Hero Initiative, conducted by a Philadelphia non-profit Tiny WPA, which brings children and adults from diverse backgrounds to collaborate on design projects.

Budds encourages readers to contact the their Congressional members to request that funding isn’t pulled from the NEA and NEH. Both programs are operating under short-term budgeting that lasts only through April.

You can read the entire article here.

Response Submitted to Copyright Office Reform Policy Proposal

Posted by Advocacy Liaison on January 31, 2017

House Judiciary Committee logo

The Guild joined the Coalition of Visual Artists in submitting a response to the policy proposal for reform of the Copyright Office, drafted by House Judiciary Chair Bob Goodlatte (R – VA) and Ranking Member John Conyers (D – MI). The proposal, released in early December, called for greater autonomy for the Copyright Office, the creation of an advisory committee, IT modernization, and the creation of a copyright small claims tribunal. The Guild welcomed the attention the policy proposal brought to reform of the Copyright Office.

In our response, the Coalition solidly supports the Judiciary Committee’s call for greater autonomy of the Copyright Office, providing that the Office’s statutory duties, such as providing counsel to Congress, are preserved. The Coalition also urges that modernization of the Office’s IT structure begin as quickly as possible, with technology solutions such as APIs built into a database structure so as to facilitate registration and copyright searches. In regard to the creation of a copyright small claims tribunal, the Coalition letter extended an in-depth discussion of the purpose and components of such legislation, drawing from a white paper the Coalition published last year.

Coalition signees to the letter include American Photographic Artists, American Society of Media Photographers, Digital Media Licensing Association, Graphic Artists Guild, National Press Photographers Association, North American Nature Photography Association, and Professional Photographers of America.

The Guild Signs on to Comment Letter on Group Registration of Photographs

Posted by Advocacy Liaison on January 31, 2017

Copyright Office logoIn conjunction with the Coalition of Visual Artists, the Graphic Artists Guild has signed on to a comment letter in response to a Notice of Proposed Rulemaking, “Group Registration of Photographs,” issued by the Copyright Office. In the Notice, the Copyright Office asked for feedback on proposed changes to the group registration of photographs. The letter submitted on behalf of the Coalition applauds the Copyright Office’s initiative in encouraging greater participation in the registration system by photographers, but raised concerns with some of the proposed changes. Of particular concern to Guild members, the letter raised issue with the exclusion of graphic artists from the group registration option.

In drafting the changes to the group registration of photographs, the Copyright Office is seeking to encourage copyright registration among photographers, streamline the registration process, and improve the recording of works by requiring digital deposits. However, graphic artists such as designers and illustrators are excluded from this option, despite the fact that these artists create works such as comps, sketches, and revisions that are delivered to clients and are ripe for infringement. The comment letter urges the Copyright Office to “offer a group registration category to all visual works.” It also points out that many visual works are mixed media, and that limiting the registration to still photography does not address how many artists work.

The comment letter addresses a number of other concerns with the proposed rulemaking, such as the limit of 750 photographs for the group registration (problematic for photographers, who often outstrip that number in the course of a single shoot), and the separate registration requirements for published and unpublished works.

The letter was submitted to the Copyright Office by Lisa Shaftel of Shaftel & Schmeltzer on behalf of the Coalition of Visual Artists. Signees to the letter include American Photographic Artists, American Society of Media Photographers, Digital Media Licensing Association, Graphic Artists Guild, National Press Photographers Association, North American Nature Photography Association, Professional Photographers of America, PLUS Coalition, Shaftel & Schmeltzer, and Doniger / Burroughs

Photography Associations Need Input on Group Registrations

Posted by Advocacy Liaison on January 11, 2017

Our colleagues at American Society of Media Photographers, National Press Photographers Association, North American Nature Photography Association, Professional Photographers of America, and the PLUS Coalition are requesting input from professional photographers on their workflow and how they register their copyrights. The associations are responding to a Notice of Proposed Rulemaking (NOPR) from the Copyright Office on group registrations. To formulate their response, they’ve posted a short survey (which you can fill out below, or on the SurveyMonkey website). The results will be used to inform their response to the NOPR.

If you work as a professional photographer, please take a few minutes to fill out the survey. Please ONLY respond if you work as a professional photographer. Survey results are due January 21. Please share this survey with your colleagues.

Create your own user feedback survey

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