What Can We Do?
In closing, SAA proposes the following actions for stock photographers and distributors to take to help effectively address the issue of infringements, protect our copyrights, and maximize our licensing revenue opportunities. In short:
1. Always promptly register copyrights.
2. Always embed and preserve metadata in images.
3. Commit to pursue infringements.
4. Make yourself easy to find.
5. Enable all licensing systems to mange rights.
6. Work together.
1. Always promptly register copyrights.
Images are copyrighted at the moment of creation, but registration is recommended to maximize the protection of intellectual property. Only registered works may be eligible for statutory damages and attorney's fees in successful litigation, and this provides a strong incentive for infringers to settle.
For all photographers who license images in the U.S. -- regardless of their country of residence -- copyright registration is now considered to be an industry ‘best practice' that is in everyone's interest. Registration will not only help in the event of U.S. infringements but will also make it easier to prove ownership by making a registration certificate available.
The good news is that the registration process is getting easier as the U.S. Copyright Office launches an electronic registration system later in 2007.
Visit the U.S. Copyright Office web site. Helpful resources include Copyright Tutorials from ASMP and from PACA.
2. Always embed essential metadata in images, using widely recognized standards, and ensure that it is preserved at every step in the workflow.
Photographers should enter critical metadata-copyright and creator contact information-into their images at the earliest possible point in the workflow and always before passing them on to distributors or end users. It is also advisable to add rich metadata such as captions, keywords and unique identifiers.
Adopt universal standards for embedding metadata so this information has the best chance of being widely understood and easily discovered. An excellent start is the IPTC Core metadata panels that are built into Adobe Photoshop CS2, referred to as "File Info." They write metadata in two formats that makes them widely recognized in other software and image databases, ensuring that image metadata can be read and understood.
If you have Photoshop CS, download and install the IPTC Core panels along with the User Guide. As a quick introduction, view SAA's Video Tutorial.
Photographers need to examine their existing stock imaging workflow from start to finish to ensure that the applications used to embed metadata preserve ownership and contact metadata by default, especially when creating derivative files and copies. Stock distributors need to ensure that their workflow maintains this essential metadata, taking special care to ensure its preservation in files posted to their web site, passed along to sub-distributors, and downloaded by clients.
SAA's Metadata Manifesto clarifies the key principles for metadata use. A comprehensive discussion of metadata issues and goals is presented in the IPTC White Paper.
3. Commit to pursue infringements.
While the pursuit of infringements is appealing as a source of increased revenue, it is also imperative to counter the commonplace notion that images on the web are "free" or "fair game." Much like the music and motion picture industries, we need to communicate to end users that copyrighted materials cannot be used without a license. Allowing infringing uses to continue sends the message to abusers that this behavior is tolerated.
Vigilant compliance efforts yield the benefit of educating image users that rights must be properly licensed and that misuse is not acceptable. Getty Images' Unauthorized Use Policy states: "When we find infringements, our experience shows that they are most often unintentional. Our policy therefore is to turn infringements into licenses, and infringers into customers. The process we use focuses on education, informing the client about what copyright is and where they went wrong. Our aim is to avoid legal action but we will not hesitate to use it when the need arises."
Photographers may be contractually bound to give their stock distributors sole authority (or first right of refusal) to pursue an infringement. Distributors, in accepting this responsibility, need to make good faith efforts to protect these images from all possible unauthorized uses. Distributors should also make their contributors aware of how their copyright compliance programs and systems work, and keep them "in the loop" about suspected infringements of their images and what action has been taken. As a minimum standard to protect the intellectual property of their contributors, they should commit to follow up with leads to confirm if they are infringements, and if so, send warning letters and issue take-down notices. We have seen significant progress and improvements in this area in recent years.
Photographers need to do their part to assist in pursuing leads by promptly providing copyright registration, licensing history and any other documents requested. If their distributor chooses not to follow up on a qualified lead, they should promptly refer the lead and all relevant details to the contributor to give them the best opportunity to pursue the infringer, should they choose to do so.
Leads need to be carefully evaluated as to prospect for recovery. The investment in time and money to pursue these cases can be significant. Should photographers choose to independently track how and where their images are used, they can utilize visual search technologies and specialized collections services.
Advice on the range of options for enforcing your rights at available from ASMP. PicScout has an Image TrackerTMService for Photographers which includes a compliance service to follow up on leads.
4. Make Yourself Easy to Find.
With "orphan works" legislation in some form likely to become law, there is a heightened urgency in ensuring that image owners can be readily found in the course of a ‘reasonably diligent' search. Otherwise, there is a risk that this law could be misused by some as a "free pass" to use images without fees or licenses.
Currently, our industry lacks robust tools to protect images from becoming "orphan works." Several tools and proposals are being developed to strengthen this vigilance. For example, as envisioned by the PLUS Coalition, industry-wide image PLUS Registries would help identify infringements. With broad industry support, such registries could virtually eliminate any claim that copyrighted images are "orphans." This would provide a powerful tool to reduce infringements and increase licensing revenues.
5. Enable all licensing systems to manage rights.
There needs to be "rights management" of all stock images, not just those licensed through the RM model. We have already mentioned the need for RF licenses to have their rights managed as well, and the potential revenue gains if the professional image community is motivated to do so.
Today, we are seeing the emergence of alternatives to traditional RM that streamline and automate the licensing process, yet also continue to enable protection and tracking of images. For example, Getty Images introduced its "Rights Ready" model as simplified form of RM that offers broad use licenses (such as Print Advertising) with worldwide use for ten years. Because Rights Ready licenses are restricted to one user and one project, the usage can be tracked and the rights can be managed.
Another example is PLUSTMPacks, a new universal standard developed by the PLUS Coalition that is available for implementation by image licensors worldwide. 18 broad-use Packs addresses the frequent image usage needs of commercial and editorial customers. This PLUSTMPacks sytem effectively simplifies the RM licensing process into a "three click" process, by offering customers a short list of options for duration (from 6 months to 10 years) and coverage (from Local to Worldwide). The PLUSTMPacks system presents a unique opportunity to offer image users a simple online license that is also solidly rights managed.
To help spur adoption of the PLUS standards, SAA has developed a free PLUSTMPacks Calculator that automates selection and pricing. Download this tool, and an introduction to PLUS standard from SAA.
6. Work Together.
In the spirit of collaboration and mutual interests, industry coalitions and initiatives are working to strengthen our ability to protect our images, and our livelihoods.
The Imagery Alliance is a coalition of twenty-one diverse associations (including SAA) that represent the interests of photographers, illustrators, stock archives and distributors, picture researchers and designers, who have come together to address issues related to protecting and enforcing copyrights.
The PLUS Coalition has brought together major stakeholders from across the licensing industry to develop universal standards that will facilitate image licensing and rights management. Learn more about PLUS -The Picture Licensing Universal System.
Industry leaders held the first Photo Metadata Conference earlier this year to address the urgent need for a seamless workflow that utilizes and preserves metadata. The participation of software developers, camera manufacturers and standards organisations demonstrated a willingness to work together to address shared challenges as the image business moves forward in this rapidly changing world. Read about the Photo Metadata Conference.
In Closing
Looking ahead, diligence, creative solutions, and a spirit of cooperation across the stock photo community will be more important than ever to ensure that our images are protected from misuse. This is a matter of increasing revenues and enhancing the value of our images-goals we can all embrace. We encourage you to join these efforts. Your business will benefit from your vigilance.
SAA invites your comments and encourages an ongoing industry-wide dialogue about this topic.
References
“Photo Agencies Scour the Web For Copyright Violations,” WSJ Online, Oct05. link
“Corbis Wins $20 Million From Shadow Companies,” PDN Online, Nov06. link
Getty Images Corporate Reports. link
Selling Stock Online. link
Advertising Age Agency Report 2006. link
US Copyright Office Report on Orphan Works. link
SAA Orphan Works blog. link
U.K. Gowers Review of Intellectual Property. link
