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PhotoRESEARCHER |
PhotoRESEARCHER Newsletter for May Week Two ## 440B |
KEY WORDS: | Infringing | Cablevision | Tree | Changes The Dinodia Picture Agency | Travelers |
Welcome to PhotoRESEARCHER Newsletter, a free monthly newsletter from PhotoDaily, PhotoSource International. <http://www.photosource.com/> To sign up for our free photoRESEARCHER Newsletter, visit us online
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USE OF INFRINGING RS-DVR SYSTEM ENJOINED
by Joel L. Hecker
In March 2006, Cablevision Systems Corporation announced that it would be rolling out a new Remote-Storage Digital Video Recorder System (“RS-DVR”), intended for use by its customers who did not have a digital video recorder in their homes, and would permit these customers to record programs on central servers located at Cablevision’s facilities and play the programs back for viewing at home.
Cablevision is the owner and operator of cable television systems, primarily in the New York City metropolitan area and provides a wide variety of programs to its customers.
Cablevision did not obtain permission from the copyright owners of the programs to be recorded, relying instead on the United States Supreme Court decision in Sony Corp. v. Universal City Studios, Inc. which permitted time-shifting through use of the now ubiquitous VCRs by the recording of television programs for in-home, personal viewing.
Cablevision was sued by various television networks, movie studios and other creators of copyrighted entertainment programs in the United States District Court in the Southern District of New York. In a decision dated March 22, 2007, the Court rejected Cablevision’s contentions. This decision, although dealing with video content, applies equally to photography.
The Court went to great lengths to describe the technical aspects of how content is transmitted in cable television and the DVR system. The gist of it is that many cable companies offer “set-top” storage DVRs, which combine the functions of a standard cable set-top box and a DVR. This permits recording of digital programming directly onto a hard drive contained in the box. This in turn permits time shifting in a manner similar to VCRs.
In this case, it was undisputed that the plaintiffs owned valid copyrights.
Therefore, since Cablevision had previously agreed it would not assert a
“fair use” defense, the only issue to be decided was whether
Cablevision was copying plaintiffs’ copyrighted programs. The Court
held that it was.
The Court determined that the RS-DVR system was not a stand-alone machine
that sits on top of a television. Instead, it was a complex system that
involves an ongoing relationship between Cablevision and its customers,
payment of monthly fees by the customers with ownership of the equipment
remaining with Cablevision, the use of numerous computer and other equipment
located in Cablevision’s private facilities, and the ongoing maintenance
of the system on a 24 hour/7 day per week basis by Cablevision personnel.
Want to read more of
this article? Go to: http://www.photosource.com/researcher/legal45.html
Helen Schwartz |
| COPYRIGHT Can An Animal In A Zoo - - Sue? Q: A post card photograph of one of the 200 animals in our zoo, was used for a trade magazine advertisement. The animal is recognizable and is definitely one of our post card photographs. Our zoo didn't authorize any usage for advertising purposes for this photo. Would a model release/stock release apply to animals? A: Whether the photograph
is a picture of a building, person, animal, etc. - the copyright belongs
to the photographer, the moment it is "clicked." If the photographer
sold “all rights” (copyright) to the zoo, or the photo was
taken on a “work for hire” basis, the zoo owns the picture
and copyright, and you have a case. A troubling issue
that surfaces from time to time is what to do when an image from your
publication is infringed in a foreign country. Here’s a case from
the archives (1993): The United States Court of Appeals for the Second
Circuit, clarified two of the thornier problems, in Itar Tass Russian
News Agency v. Russian Kurier, Inc. These two problems were 1.) which
country’s laws apply to the question of copyright ownership, and
2.) which country’s laws apply to the question of copyright infringement. The Court determined the
first issue, as to copyright ownership, by stating that "the law
of the country with the closest relationship to the work will apply
to settle the ownership question." Generally, the Court said, this
would be the country where the work originated. Of course, however,
this pronouncement may require an analysis of the evidence in each case
to determine the degrees of the "relationship" to each country. ACTUAL
INFRINGEMENT How It’s
Done In India Ever wonder what
a foreign stock photo agency requires of its clients? Here’s what
the Dinodia Picture Agency in Bombay, India requests of potential customers.
The system isn’t much different from the average American photo
agency. The best way to
work with a picture library: When you phone
a picture library for a stock photograph, if the picture researcher
is going to do a good job, he needs to put himself in the shoes of your
client/client servicing team/creative team. It is likely he may ask
you a number of questions. So, it is easier if you have all the answers
ready. Let us go
through some of the possible questions: 1. Your name:
Of course, only to ensure that the selection is sent to the right person.
We get so many fax requests without the name of the sender. Want to read more
of this article? Go to: http://www.photosource.com/researcher/apr993.html Norway
Pines usually take fifteen years around here to mature to a good-sized
tree. During the month of May each year, we'll feature a photo of the
trees' growth (we'll be planting 200) on our weekly Home Page section
> http://www.photosource.com
< called, "This Week at the Farm.” Check your tree's growth
each Spring by viewing the panorama of trees on our back road at Pine
Lake Farm. Mike Karlsson Each month we report to you moves among, within and between: publishing
houses, stock agencies, photobuyers, photo researchers, ad agencies,
and design firms. RECREATION PUBLICATIONS (4090 S. McCarran Blvd.,
Suite E, Reno, NV 89502) former contact and e-mail: Janet Harr, Advertising
Coordinator, janet@yachtsforsale.com ; current contact and e-mail:
Lana Olson, Advertising Coordinator, lana@yachtsforsale.com . GRANT, SCOTT & HURLEY (350 Pacific Ave #208,
San Francisco, CA 94133) Former contact and e-mail: Philip McCanless,
Art Buyer, Philip@gshsf.com ; current contact and e-mail: Daniel Hastings,
Art Buyer, Daniel@gshsf.com . DANCE TEACHER, LIFESTYLE MEDIA INC (110 William
St, 23rd Fl, New York, NY 10038) former contact and e-mail: Susan
Amoruso, Editor, samoruso@lifestylemedia.com . Current contact and
e-mail: Colin Fowler, Photo Editor, cfowler@lifestylemedia.com . OUTPOST MAGAZINE (425 Queen St W Suite 201, Toronto,
ON M5V 2A5, CANADA) former contact: Chris Frey, Editor-in-Chief; current
contact and e-mail: Matt Robinson, Publisher, matt@outpostmagazine.com
. THE SIGNATURE AGENCY (4515 Falls of Neuse Rd, Raleigh,
NC 27609) former contact and e-mail: Robert Morrow, Creative Director,
rmorrow@signatureagency.com ; current contact and e-mail: Tracey Rehberg,
Creative Director, trehberg@signatureagency.com . FELDMAN & ASSOCIATES INC (211 Waukegan Rd, Suite
200, Northfield, IL 60093) former contact and e-mail: Robb Hill, Photo
Researcher, rhill@feldmans.net ; current contact and e-mail: Christina
Cummins, Photo Researcher, ccummins@feldmans.net . Note: If the URL is long, it may
extend to two lines. In that case - clicking on it won't work.
Instead, "copy and paste" the URL. DO YOU KNOW WHERE YOUR PICTURES ARE?
Idée’s Recognition-Based Image Tracking Service Monitors
20 Million Images - Idée (http://www.ideeinc.com)
monitors more than 20 million client images using its recognition-based
image tracking and allows its customers to find out exactly where their
images have been used in print and on the web. http://www.stockphotographer.info/content/view/503/92/ PESTERING TECHNIQUES GET RESULTS Fix Your Marketing
Mix; The ABCs Of Growing Your Business - Because it takes 6-16 of these
“contacts” before a targeted client even recognizes your
photography, your job is to create a plan for diverse ways to reach
them. http://shutterbug.com/columns/business_trends/ ######################################### Now
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###################### Looking
for “Non-Generic” photos for your next project? ###################### GOT
A PHOTO NEED? Send it to eds@photosource.com (Just write up
your photo listing in any way you feel clearly gets across what you
need) or use our standard form at http://www.photosource.com/
Edward Wallowitch. His outstanding editorial photography inspired yours truly in the early 70’s to enter the field and begin selling images to book publishers. Wallowitch passed away some years ago, and his heirs have now decided to offer Wallowitch’s entire collection for sale, to a private collector, museum, or stock library. For more information, contact John Wallowitch, 411 East 51st Street, #1, NYC 10022 (212) 753-5748; wallowitch@juno.com – Rohn Engh ######################
Scanning through dozens of off-target images can be time-consuming and eye-wearying, not to mention frustrating. A better way In the Google search bar, type a phrase or several words that best describes the picture you’re looking for. Then type a space and then the word photosource. And click. You’ll arrive at the PhotoSourceBANK. Your selection will appear (in text) on a page with the name and contact info of a photographer whose files include coverage of the subject matter you request. Contact the photographer to receive a lightbox selection of target images for you to review for consideration. Or, if the photographer is also a member of PhotoSourceGROUP, an icon will appear, that when you click on it will take you to an immediate view of the target photo or photos, ready for downloading.
You feel fine when your research database is in order…not cluttered. How ‘bout your work area, or your home? FEEL GOOD! How To Declutter Your Home Immediately Click Here!
############################## Travelwriter Marketletter… for writers and photojournalists. Travelwriter Marketletter
is a monthly publication available online
Dennis Frates
TRAVELERS ABROAD Shawn McGrath Judy Taylor Robert Maust Jason Lauré Lee Snider Pamela York
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