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For more information, contact:
Eugene Mopsik, Executive Director
American Society of Media Photographers
Phone (215) 451-2767
Email mopsik@asmp.org
ASMP Explores Rationales, Offers Options On Orphan Works Proposal
On Thursday, February 23, Eugene Mopsik, executive director of the American Society of Media Photographers, attended the annual American Bar Association Intellectual Property Section Update presented by the Copyright Office. All of the principals of the office were in attendance, including Ms. Marybeth Peters, the Register of Copyrights; Mr. David Carson, General Counsel to the Copyright Office; and Mr. Jule Sigall, Associate Register for Policy and International Affairs (and principal author of the Orphan Works report). The update presented an overview of the activities of the Copyright Office for the preceding year and provided information on issues of current interest.
There was much discussion of Orphan Works and the various assumptions made that led to the current recommendations. It is ASMP's conclusion that the current report and recommendations have accommodated the needs of the library, museum and university communities, in addition to commercial users, while ignoring the special needs of photographers, graphic artists and illustrators. While historically there has been a sensitivity to the needs of creators within the Copyright Office, this report signals a shift and reveals a lack of understanding of the particular workings of the commercial art and photography marketplace. It further reveals pressures being brought to bear by those who find copyright an outdated and restrictive covenant.
There is still an opportunity to exert influence and try to improve this proposal before it becomes the law of the land. Be sure to write to your elected representatives! Go to www.asmp.org/orphanworks for the ASMP resources.
One of the options includes a proposal, initially advanced by the Professional Photographers of America, for the creation of an Orphan Works Small Claims Court. Additionally, ASMP has suggested that this new regulation should only apply to uses that would normally constitute Fair Use -- primarily non-commercial uses by non-profits -- and, in instances of egregious abuse of license, that court costs and legal fees should be recoverable. Another option includes the creation of searchable image databases that would enable potential users to locate a rights holder even when they did not know the rights holder's name. For photographers, this situation occurs more often than not, and it is at the core of our problem.
For reasons unknown to ASMP, these recommendations and hearings are being fast-tracked. The next round of hearings will be on the 8th of March. ASMP will be in attendance, and PPA will be testifying directly. ASMP has been told by legislative staffers that we will have direct participation in other hearings. To date, we have met with staffers in Senator Hatch's and Senator Leahy's office in addition to staffers in Representative Conyer's office and staffers with the House Judiciary Committee. ASMP continues to work closely with PPA, APA, EP, SAA, NPPA, IPA, GAG, and a number of international associations.
About ASMP
Founded in 1944, the American Society of Media Photographers (ASMP) is the leading trade association for photographers who photograph primarily for publication. ASMP promotes photographers' rights, educates photographers in better business practices, produces business publications for photographers, and helps buyers find professional photographers. It has more than 5,000 members, including many of the world's greatest photographers, in 40 chapters nationwide.