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Questions to ask our Panelist for the April 17th Event
Submitted by Jeff_Pflueger on Wed, 03/26/2008 - 1:53pm.
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Orphan Works
What is the big deal about the Orphan Works Legislation?
Why are ASMP, APA, PPA and all the other photo trade groups so up tight about it?
How will it affect me if I register my photos anyway?
Isn't it just for works that have no author?
GB
re Orphan Works
GB: What is the big deal about the Orphan Works Legislation?
BF: In my humble opinion it is biggest act of thievery perpetrated on living and breathing photographers.
GB: Why are ASMP, APA, PPA and all the other photo trade groups so up tight about it?
BF: See answer one.
GB: How will it affect me if I register my photos anyway?
BF: If I understand the proposed legislation, the burden of proof will be on YOU to show that a thief did not make a reasonable effort to find the copyright holder.
GB: Isn't it just for works that have no author?
BF: 1. Google “Gerald Bybee”: 15 sec;
2. Select picture you like (Tammy Baker on red background): 5 sec;
3. Right-click to save: 2 sec;
4. Open in Photoshop, check File Info: 5 sec;
Results: no (C) data, no author; no data at all;
So, if I am an unscrupulous “buyer” in a hurry and my proverbial “intern” tells me he/she found this picture of a blond with no metadata, did I not make a reasonable effort to find an author? Yes I did. And what have I discovered? I discovered that the work has no author.
(And what is there to stop me from copy-paste the image in a new document that will contain no info?)
Now, regarding the April 17 panel, there is a lot of information on the ASMP site. While I do not remember the links, here is the excerpt from the March 13 ASMP email titled Update on 2008 Orphan Works bill, which I saved:
“In terms of drafting, we are proposing to limit the scope of the Orphan Works defense to:
Uses by individuals for non-revenue producing personal or community purposes, including uses on websites that do not generate revenues for the individuals using the Orphan Works;
Uses in works of non-fiction, such as books, articles or documentary films or videos;
Uses by non-profit educational institutions, libraries, museums or archives qualified for treatment under §501(c)(3) of the Internal Revenue Code as amended
in exhibits, including website displays, and for uses that produce revenues and that are ancillary to exhibits.”
Back to work now.
Boris Feldblyum
www.bfcollection.net
Filing a copyright form- walk us through it.
Could you walk us through filing a Copyright form,
from putting images to disc, filling out the proper form(s) to the Fex-Ex label?
Nate Bennett
Copyright forms
This is vital and important information!
We'd like to cover this AND keep the focus on Copyright 2.0 AND make the best use of the the experience of the panelists while we have them AND not get buried in the ins and outs of government paperwork! We could spend an entire session on Copyright forms alone!
Can you reply to this post with links to where this information resides on the ASMP website?
I can then direct people to the information during the session.
That would be super helpful!
Jeff
Jeff Pflueger
Jeff Pflueger Photo Media
ASMP Copyright Application Tutorial
Jeff,
The link below is for the paper application. I didn't see a tutorial on the ASMP site for eFiling.
http://www.asmp.org/copyright
Copyright infringement demand letter
Could you show and tell us what to do if we are infringed upon,
The proper demand letter and procedures to send to a "client" and or infringer?
Copyright Small Claims Court
Would you please also touch on the ASMP's role in the discussions around a copyright small claims court, why that's important and who that affects?
Small claims court
Rene,
Thanks for the lead on this one. I was unaware of this. Sounds promising. I'll be sure to bring it up!
Jeff Pflueger
Jeff Pflueger Photo Media
Procedure if infringed upon....
This is a very important question - and we'll be sure to ask it!
Thanks Nate.
Jeff Pflueger
Jeff Pflueger Photo Media
Generation Y Photographers...
With concern about the perception of being non-politically correct, I refer to Gen Y photographers as those who are in school, or in the process of departing school, with a photography career in mind, as well as those amateurs who are just happy to see their work used with no fees paid to them. What consideration has been given to these groups? How might they be educated to not undervalue their work, to not subscribe to the many on-line "services" that cater to photo-buyers but screw photographers to the wall fee-wise? How serious a problem is the citizen-journalist/photojournalist movement to the copyright issue - copyright seems to be of less value to these groups.
Thanks!
Mike Fox, Photojournalist
San Francisco, California
415 814 0077
mikefoxphotojournalist@gmail.com
www.mikefoxphotojournalist.com
www.mikefoxphotojournalist.blogspot.com
marketing within Web 2.0
I would like to hear the panel address some of the issues related to marketing within Web 2.0 (Flickr, Facebook, Linkedin, myspace, blogs, etc...)
I see several problems in participating in Web 2.0 as a photographer (non pro presentation of images, lack of control over images, being a participant in crowd sourcing, potential copyright infringement etc...)
However, we can not deny the huge potential for marketing and reaching millions of potential viewers. New photographers are willing to take the chance but many season vets have a negative stigma to "sharing." Even photo editors use Flickr as a search tool while at the same time admit that it is unprofessional to use for marketing work.
How do we participate, while at the same time remain professional and avoid the negative stigmas ?
Jay Watson
re: marketing within web 2.0
These would have been great questions! If you came, I hope that you had your questions answered.
In my opinion, professional photographers have their heads in the sand about these issues a bit.
I don't believe that the answer is to avoid the web.
We need to collectively make the web a safe place for photography - and that requires our extremely active engagement in that space.
Creative Commons is facilitating and educating people about giving their work away by successfully negotiating a presence on websites such as Flickr...shouldn't the photo trade organizations such as ASMP be working on negotiating a professional presence on Flickr and elsewhere to educate people that they can also license their work for a fee?
On Flickr, once a photographer pays them ($25/year), the photographer gets a title of "Pro", but there is nothing necessarily professional about the photographer's status; the Flickr "Pro" sells nothing on Flickr, and in fact the only one enriched is Flickr. "Pro" is a deceptive title in this case. "Client" would be much more accurate.
If the trade organizations don't get into the scrum here in a big way, we'll find ourselves in a much more difficult position 5 years down the road.
What are some other opinions out there?
Jeff
Great Job Jeff
Jeff,
I want to congratulate you on putting together a fantastic event. Everything went off very well and it was thoroughly educational.
Rene Paik
And Thanks to Gerald Bybee
Thanks Rene!
Congrats to Gerald as well - who did a ton of the heavy lifting to get this event together.
You still have an interest in helping with the A/V from the event?
Jeff Pflueger
Jeff Pflueger Photo Media
Will "Orphan Works" bill let
Will "Orphan Works" bill let anyone pirate your images?
inchiriere roba