2010 News Archives

Don't forget: professional photographers have another chance to fight the existing 1099 reporting requirement. We need you to make your voices heard by contacting your congressperson today to bring H.R. 5141 - the Small Business Paperwork Mandate Elimination Act out of committee.

Rep. Dan Lundgren's (R-3rd -CA) bill, H.R. 5141, fully repeals Section 9006 of the new health care law that mandates small business owners to file a 1099 form for every business-to-business transaction over $600 a year. This new reporting requirement will wreak havoc on small businesses (like photography studios) by drastically increasing their paperwork burden.

This new reporting requirement has nothing to do with improving health care...it is just another way to raise government revenue on the backs of small-business owners, while forcing them to spend more time on regulatory compliance than on running their businesses.

On Tuesday, September 14th, the Senate voted not to include a repeal of the 1099 reporting requirement in their version of H.R. 5297 - Small Business Jobs Act of 2010. With the Senate's passage of the bill, the House now has an opportunity to make sure a repeal provision is included!

We need 218 members of Congress to sign on to the discharge petition. Contact your congressperson today and urge him/her to sign the petition, so Congress can vote to stop this new paperwork tidal wave. Visit the Contact Congress page now to call, write or e-mail.

In addition to representing members on copyright issues, SAA is a strong advocate on small business issues, primarily relating to health care. Through the Small Business Coalition for Affordable Healthcare, SAA advocates health care solutions that meet the needs of small business owners, employees, the self-employed and their families. In previous congressional sessions, SAA has supported various health reform bills, in particular those that would provide trade associations the ability to create insurance pools on behalf of its members.

Stock Artists Alliance joins a new organization to aid in the preservation of digital collections for the benefit of citizens now and in the future.

WASHINGTON, August 4, 2010—–The Stock Artists Alliance (SAA) is proud to announce their affiliation as a founding member of the National Digital Stewardship Alliance (NDSA). NSDA was created in conjunction with partners of the National Digital Information Infrastructure and Preservation Program (NDIIPP) to aid in the preservation of digital collections for the benefit of citizens now and in the future.

The Library of Congress is organizing NDSA as an outgrowth of the NDIIPP. It is truly a collaborative effort among government agencies, educational institutions, non-profit organizations and business entities.

"During the past several years, the Standardized Metadata for Stock Photography project made significant contributions to the NDIIPP network,” stated Lauren Campbell, the Associate Librarian for Strategic Initiatives Chief Information Officer at the Library of Congress. “This project determined current metadata practices and identified problems in metadata preservation; developed Photometadata.org to educate the SAA membership and other interested parties about best practices for metadata in the field of photography; and also conducted outreach activities to promote improved metadata handling and related preservation practices at SAA education seminars and imaging conferences."

Those activities have forwarded the understanding and practices of the digital preservation community as a whole. With the creation of NDSA and SAA joining as a founding member, the goal is continue the progress.

In addition to being the only photographic trade association focused on the business of stock photography, SAA also created the Photo Metadata Project to promote industry-wide use of standardized photo metadata in every digital file. For more information, please visit www.photometadata.org.

Contact: Claire White
888-722-1334
www.stockartistsalliance.org
www.photometadata.org

SAA urges the U.S. Senate to pass two key tax provisions that will be beneficial to alleviating the tax burden faced by small business owners like photographers. As the Senate prepares to debate  H.R. 5297 - The Small Business Jobs Act of 2010, SAA has sent letters of support to the Senate Small Business and Entrepreneurship Committee leadership and Sen. Barbara Boxer (D-CA), applauding their efforts to ease some of the challenges faced by many photographers.

Tax Provision 1: The Senate’s Version

Sen. Mary Landrieu (D-LA), Chairwoman of the Committee and Ranking Member Olympia Snow (R-ME) have proposed a substitute to H.R. 5297, which includes a provision (Section 2042) to allow self-employed business owners to deduct their health care expenses pre-tax for one year. This particular provision has been introduced on a number of occasions by both the House and Senate as a permanent change to the tax code.

Currently, self-employed photographers must factor in the cost of health care into their self-employment tax payments. “The proposed tax relief is what small business owners need,” says Claire White, SAA’s executive director. “While Section 2042, allows the deduction for only one year, it will still make a difference to the self-employed photographer.”

Tax Provision 2: Senate Amendment 4330

An additional provision to this bill has been introduced by Boxer. This amendment (S.Amdt. 4330) would change the current tax code to allow business owners to select a standard home office deduction in the amount of $1,200 rather than using the existing tax criteria to calculate the deduction.

 Like Section 2042, this provision has also been introduced in previous years as a means of helping home-based business owners. The inclusion and passage of this provision should reduce the confusion and worry faced by small business owners when opting to take advantage of the home office tax deduction.

 Make Your Voice Heard!

It is anticipated that discussion on this bill will move quickly. As a result, a vote could happen as early as this week or next. To encourage your senator to support the passage of this bill, visit Professional Photographers of America’s Contact Congress page to send an e-mail or letter.

 SAA is a strong advocate for the rights of stock photographers, from copyright to small business issues  relating to health care. Through the Small Business Coalition for Affordable Healthcare, SAA advocates health care solutions that meet the needs of small business owners, employees, the self-employed and their families. In previous congressional sessions, SAA has supported various health reform bills, in particular those that would provide trade associations the ability to create insurance pools on behalf of its members.

Recently stock image distributors have sent messages to their contributors offering to file to collect reprographic royalties in the United Kingdom from the Design and Artists Copyright Society (DACS). SAA suggests that contributors would do better to file a claim directly with the DACS website.

Background
DACS is the British visual arts organization which collects and distributes reprographic reproduction royalties for various non-user-specific uses of visual imagery in the UK. DACS distributes royalties to visual artists based on collective licenses for educational uses (including TV and radio), photocopying of books and magazines, and cable retransmissions

The DACS website says the following: "Each year DACS has £3 million [$4.4 million] of royalties to distribute to visual artists whose work has been reproduced in UK books or magazines or on certain television channels. DACS negotiates these royalties on behalf of visual artists. Last year DACS paid out a share of £3 million to 11,628 visual artists.

"Payback royalties come from revenue generated through collective licensing schemes. Collective licensing is used in situations where it would be difficult or near impossible for you as the creator to licence your rights on an individual basis, for example, when an individual wishes to photocopy a page of a book which features your work."

Who can file a claim
Any visual artist whose works have been licensed for qualifying editorial uses in the UK can file for reimbursement. You do not need to be a UK resident or citizen. If you file directly, you can claim royalties for all licenses—direct or through any agency—and you will get 100 percent of the payment. If you allow a distributor to file on your behalf, they will take a percent, and there is no guarantee they will include all usages from past years or from other distributors.

How to make a claim
To make a claim, complete the online claim form providing details of the number of qualifying publications in each category published during any year through the end of 2009.  Forms and instructions will be available starting on June 21, at http://payback.dacs.org.uk/   The filing period runs until September 17th 2010.

For a writeup on the process with special notes for Alamy contributors (but with helpful info for all photographers) see the Alamy blog http://j.mp/bd3XGd

NYC Foto Works' 3rd annual Portfolio Review will take place at the Sandbox Studios in New York, October 28th – 30th. This professional networking event allows photographers to meet one-on-one with photo editors, agents, art buyers and gallery owners. Attendees this year will include atttendees include Digitas, Publicis, McCann Erickson, Mother New York, Art & Commerce, Redux Pictures, Contact Press Images, Kristina Snyder, Bonni Benrubi Gallery, Howard Greenberg Gallery, Steve Kasher Gallery, GQ, Esquire, Vanity Fair, The New Yorker, Men's Health, ESPN and many more. To register, or for more information, go to www.nycfotoworks.com .

Adobe® Expands SAA Member Discount Offer

Adobe is allowing two uses of SAA's 15% association discount through the end of August so SAA members can save on both Adobe Creative Suite® 5 and Lightroom® 3. Even if you have used your association discount in the past 90 days, you can receive a second discount code and use it to purchase a new copy or upgrade of Lightroom 3. To use your association discount, go to the AVA Extended Benefits page on StockArtistsAlliance.org .

New York, NY (4/20/10) – A new iPhone application is set to change the way releases are obtained in the photography and filmmaking industries. iD RELEASE, the professionally-designed, easy-to-use application, walks the model through the legal aspects, takes their photograph, obtains digital signatures and emails the completed form(s) as a secure PDF to both model and user.

iD Release’s “Mona Releasa” helps models understand the legalese behind their signatures. She cheerily guides first-time users and models through the application until their release has successfully been filed. “It’s like having a Production Assistant on every shoot,” says co-creator Jay Corbett of Mona Releasa’s accurate, step-by-step guidance.

Designed to be professional in appearance and function—with its clean, modern interface—the app is still easy enough that emerging photographers and filmmakers, as well as any talent, can readily use and navigate the application. To date, iD RELEASE offers four types of releases: model, property, extra and actor. All releases can conveniently be organized by name, location and shoot. A security login feature ensures that all collected information remains private. The app runs in English and Spanish and will soon support nine other international languages.

iD RELEASE incorporates industry-standard releases used by Getty Images, the world’s largest stock photography agency, and all releases have been approved by Getty’s image submission portal. All legal content has the stamp of approval from world-renowned copyright and digital media lawyer Nancy Wolff. And, industry leaders, like the Advertising Photographers of America (APA), have already fully endorsed the innovative and resourceful tool.

“The application will be great for the commercial and stock photography community,” says iD RELEASE co-creator Hans Neleman. “But it is also perfect for the film industry.”

The application is free to download and comes with three free releases. Single releases are available for $0.99, bundles of 15 for $11.99 and a yearly subscription with unlimited releases for $24.99. The app is available for the iPhone and iPod Touch, is iPad supported and can be downloaded through the iTunes App store. For more information visit www.idrelease.com <http://www.idrelease.com> .

See the app in the:

iTunes App Store
 ID Release.com

About Hans Neleman:
Hans Neleman is an award-winning photographer and founder of WIN-Initiative, an alternative stock agency. www.win-initiative.com 

About Jay Corbett:
Jay Corbett is WIN-Initiative’s Director of Photography and Education. Corbett, a celebrated photographer, is also a professor of photography at LaGuardia College CUNY.

About Nancy Wolff:
Nancy Wolff specializes in intellectual property law and new media law and is the author of The Professional Photographer’s Legal Handbook.

We know the decision handed down in this case is of great concern to you. Rest assured that SAA attorneys are actively monitoring the case, and we’ll keep you informed of any updates as the appeals process unfolds. We have also been in touch with Corbis and gathered details about the steps they plan on taking. Below is an update on this case and its effect on bulk copyright registration.

To Refresh Your Memory…

The legal decision of the case referenced an industry-wide process by which stock photography companies bulk-register photo copyrights with the U.S. Copyright Office on behalf of their contributors. The ruling regarding this bulk registration process was a byproduct of an infringement case between a photographer that Corbis represents, Mr. Muench, and publishing companies, Houghton Mifflin Harcourt Publishing Co. and RR Donnelley & Sons Company. In order to reduce or limit potential damages against them in an image infringement lawsuit, the publishing companies argued that Mr. Muench’s photographs aren’t properly registered.

SAA Attorneys Weigh In…

In reviewing the judge’s opinion in Muench vs. Houghton Mifflin and Donnelley, the SAA attorneys have indicated that the ruling establishes that any copyright registrations of compilations protect only the compilation and not the individual work—particularly when those individual works are owned by individuals who are not the registrant. The bulk copyright registration that Muench’s images were included in did not do so, despite being a process recognized and approved of by the Copyright Office.

For any stock photographer who submitted work to Corbis (or anyone else who took ownership of the copyright “solely for the purpose of copyright registration”), the ruling invalidates the registration made on their behalf in the name of the third party. If you have contributed images to any stock agency to be registered on your behalf, please be aware those images are only registered as compiled works if your name as the creator was omitted from the registration application. Therefore, based on the court’s ruling, you cannot rely on images registered in this manner to also be registered to you as an individual copyright owner.

This ruling is unfortunate to say the least for all photographers, especially stock photographers.

Corbis Responds…

Corbis would like you to know they are also monitoring the case and intend to keep contributors informed of any updates or changes to their copyright registration. They believe the decision regarding the bulk registration process is incorrect and will be appealed.

Corbis is recommending their contributors wait for the outcome of the appeal before registering their works. It should be noted that since February 2009—based on photographers’ requests to make it easier for them to know the specific registrations that applied to them—Corbis has registered all images under the name of contributors; therefore, those registrations are in no way affected by this ruling. Additionally, Corbis can still license images normally and pursue infringement cases, even without the copyright registration.

If the process of bulk copyright is deemed to not work after various appeals, Corbis has offered to handle re-registration, supplementary filings or whatever process the Copyright Office requires to ensure photographers’ images are properly registered.

Next Steps…

As you know, while images have copyright protection at the moment they are taken, rights holders who have registered that copyright with the Copyright Office have additional benefits when pursuing infringement, such as the awarding of statutory damages rather than actual damages, the awarding of attorney fees and more.

Whether or not they are registered, your images still have copyright protection. Their registration status is now dependent on the outcome of the appeal. Until we know that the Muench decision has been overturned, we strongly recommend you consult with your stock agencies and inquire about their bulk registration submissions.

 We understand your concerns in this matter. SAA is committed to closely following the appeal and keeping you informed.

 To refer to the earlier member alert about the case and bulk registration, please click here.

On March 23, the Stock Artists Alliance (SAA) and its allied associations’ board of directors visited with senators and members of the U.S. House of Representatives on Capitol Hill to deliver two messages:

• Photographers require strong copyright laws to protect their livelihood.
• As small business owners, photographers need access to quality and affordable health care to protect themselves, their families and employees.

SAA regularly voices photographers' concerns on both of these fronts. This advocacy trip to Capitol Hill was an opportunity to give legislators insight on what it means to be a professional photographer in today's world.

"It was refreshing to see how receptive congressional staff was in listening to us explain the daily challenges we face as both photographers and business owners," said Professional Photographers of America President Louis Tonsmeire. (PPA is one of SAA’s allied associations.) "I definitely encourage photographers to personally express comments and concerns with their legislators--about anything from copyright laws to business issues--just as we did. After all, they're on Capitol Hill to work hard for you."

Timing of this visit did coincide with President Obama's signing of H.R. 3590 - The Patient Protection and Affordable Care Act. This did not significantly impact our message concerning health care, as the H.R. 4872 - Health Care and Education Affordability Reconciliation Act of 2010 (the bill that merges both the House and Senate versions of health reform) was not passed by the Senate at that time.

"The timing of was coincidental, but it was good to be on the Hill while the health care discussion unfolded. We were delighted to have our board members on Capitol Hill to witness this process," commented SAA Chief Executive Officer David Trust. "It remains to be seen whether the new legislation will help or hurt small business."

The board's trip was also on the eve of the Office of the Intellectual Property Enforcement Coordinator's (OIPEC) final day to submit comments concerning existing IP enforcement mechanisms, the economic impact of copyright infringement, and recommendations for executing their strategic plan. SAA joined its allied organizations in the Alliance of Visual Artists (AVA) and fellow photographic trade association American Society of Media Photographers (ASMP) in preparing comments to be received by Intellectual Property Enforcement Coordinator Victoria Espinel.

"Having our board members add testimonials about copyright infringement from a real-world perspective adds to the message we normally give on Capitol Hill," said Trust. "It was our firsthand way of showing that copyright infringement is a battle fought across all creative industries."

John Lund "The Stock Photo Guy" conducted an interview with Shannon Fagan to discuss the state of stock photography.  Read their discussion on what is taking place between many stock photographers professionally, and agents alike, during a licensing sea change.

Click here to read the interview.

John Lund specializes in shooting stock photos including a mix of funny animal pictures with anthropomorphized pets (including dogs, cats, cows, elephants, monkeys and more), and concept stock photos for business and consumer communications. John's site includes interviews with photographers and leaders in the stock photo community as well as numerous articles on photography, digital imaging, and the stock photo business.