September 5th, 2014

Photographers Settle Copyright Suit Against Google. But On What Terms?

A copyright infringement lawsuit against Google that began with a bang in 2010 and plenty of bluster by trade groups about protecting the rights of their members has finally ended with a whimper.

The American Society of Media Photographers (ASMP), National Press Photographers Association (NPPA), Advertising Photographers of America (APA), Professional Photographers of America (PPA) and several other trade groups representing photographers and visual artists have announced a settlement of their class action lawsuit over the Google Books program on (mostly) undisclosed terms.

“The parties are pleased to have reached a settlement that benefits everyone and includes funding for the PLUS Coalition, a non-profit organization dedicated to helping rights holders and users communicate clearly and efficiently about rights in works. Further terms of the agreement are confidential,” NPPA announced today on its web site.

The lawsuit, almost identical to a separate lawsuit filed against Google by the Authors Guild, was a reaction to Google’s Books Search program. Under that program, Google has been working with several libraries to scan books and periodicals and make the content available through its search engine results. The plaintiffs sued in 2010 to stop Google from copying, scanning or displaying copyrighted photos and other visuals in printed publications without permission.

Under the terms of the settlement, NPPA says, Google admits no liability. And with no mention by plaintiffs about how a revenue stream from the Google Books program will be shared with visual artists going forward, it seems unlikely that today’s settlement included any concessions from Google to pay license fees for images scanned as part of its program.

Last November, a federal court dismissed the Authors Guild lawsuit on fair use grounds. That decision likely weakened the hand of ASMP and other photo industry plaintiffs in their claim against Google.

But ASMP and the other plaintiffs launched their lawsuit with high expectations.

ASMP said in 2010 that the goal of the suit was to make sure photographers are “fairly and reasonably compensated” when their works are distributed through Google search results.

When NPPA joined the lawsuit in 2013, NPPA’s then-president said in a prepared statement: “I feel it is the NPPA’s responsibility to protect that principle of ownership, and not allow companies like Google to infringe upon our rights uncontested.”

Advertising Photographers of America also joined the lawsuit in 2013. “Holding Google Books responsible for their flagrant copyright infringement is something APA has been working on and we’re pleased to continue this fight in conjunction with the other plaintiffs,” the APA president said at the time.

Meanwhile, the Authors Guild is in the process of appealing its copyright claim against Google to the US Court of Appeals for the Second Circuit in New York. NPPA said in its announcement today, “This settlement does not affect Google’s current litigation with the Authors Guild or otherwise address the underlying questions in that suit.”

Related:
Judge Dismisses Authors Guild’s Lawsuit Against Google
ASMP, Other Trade Groups Sue Google (for PDN subscribers)

February 20th, 2014

PDN Video: A Photographer’s Guide to the First Amendment and Dealing with Police Intimidation

Since the 9/11 terrorist attacks, news photographers have been subject to police intimidation and arrest, as if photography is a crime. But federal law protects photography and photographers, as Mickey Osterreicher, general counsel to the National Press Photographers Association, explains in this video. The challenge for photographers is knowing how to assert your rights in tense situations, without getting arrested. Osterreicher offers practical tips for staying out of trouble while getting the pictures you need. And for photographers unfortunate enough to get arrested, he suggests places to call for legal help.

Related:

Police Intimidation Watch: New Haven Police Sued for Arresting Photographer, Erasing iPhone Video

Police Intimidation Watch: Detroit Police Apologize After Video Shows Them Violating Photographer’s Rights

Police Intimidation Watch: Cop Charged with Lying About a Photographer’s Arrest

October 24th, 2013

PPE 2013: Photography & The Law: Access, Copyright and Social Media Issues

During a talk at PhotoPlus Expo 2013, sponsored by the National Press Photographers Association (NPPA), attorneys Mickey Osterreicher and Alicia Wagner Calzada provided tips for how photographers can protect their First Amendment rights and control the copyright and distribution of their work.

Tips On the Right to Photograph in Public

Osterreicher, who is the general counsel for the NPPA and was a working photographer for 40 years before he became a lawyer, offered advice for news photographers in dealing with police.

He noted that photographers or videographers are never arrested for documenting a news event in public. Instead they are arrested for “discretionary charges,” what he termed “catch and release” charges, which can include disorderly conduct, disturbing the peace and loitering.

If a police officer orders a photographer to stop taking pictures in public, they are violating the rights of that photographer, Osterreicher said. Photographers can avoid being accused of interfering with or obstructing police officers by following reasonable directions from police when they’re given. He also mentioned that it’s prudent to be aware that officers are concerned with things like weapon retention, making sure nobody is close enough to them to reach for their gun. If a photographer is in an officer’s face with a camera, the officer can reasonably claim that photographer is interfering or obstructing their work. (more…)