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Fw: Copyright Defense News - March

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Fran
Fran Gustman, Editor
HortResources Newsletter
Boston, MA
fgustman@juno.com

--------- Forwarded message ----------
From: copyrightdefense <copyrightdefense@PPA.com>
To: "'fgustman@juno.com'" <fgustman@juno.com>
Date: Thu, 28 Mar 2002 16:23:45 -0500
Subject: Copyright Defense News - March
Message-ID: BD921F69B4ABD5119F8D00A0C9F2DE2E566AE5@ussenterprise

March 2002

Congress Wants University Infringement Stories
Copyright Advocacy Gains Attention in the Senate
Copyright Registration Assistance At Imaging USA
Requests For Assistance Increase by 66%
Canadians Fight for Copyright

Congress Wants University Infringement Stories
As the push continues for the passage of the Intellectual Property
Protection Restoration Act (formerly S.1611, now known as S. 2031 -- see
story below), sources on the Hill have asked PPA and the Copyright
Defense
to provide specific stories of state universities or agencies that have
infringed on your work. These stories will be included in the official
minutes of the Senate Judiciary Committees hearing on the subject --
however, we need to act quickly. 

The deadline to provide information is Tuesday, April 2 -- please send
your
stories to smorris@ppa.com. Again, these stories may be crucial in
getting
this bill passed.


Copyright Advocacy Gains Attention in the Senate
Professional Photographers of America has caught the attention of the
Senate
Judiciary Committee as it makes the voice of photographers heard
regarding
recent copyright infringements and issues. In a recent hearing on
Sovereign
Immunity and the Protection of Intellectual Property, Senate Judiciary
Chairman Patrick Leahy (D-VT) noted that PPA is a strong supporter of the
right of individuals to sue state governments in copyright infringement
cases.

"Everyone who placed a call, wrote a letter or sent an e-mail played a
role
in making this happen," says PPA CEO David Trust. "This situation has
proven
that with a high level of participation by individuals involved in PPA
and
the Copyright Defense, we can accomplish great things."

The subject of the hearing, The Intellectual Property Protection
Restoration
Act, would restore the right of individuals and companies to sue state
governments for copyright, patent and trademark violations and to receive
awards for damages in such cases. State governments and agencies have
been
immune from copyright suits since a pair of Supreme Court rulings were
handed down in 1999. The act would allow such suits on the basis that
infringements are a violation of the individual's fifth and fourteenth
amendment property rights.

Through its direct efforts and member action at www.copyrightdefense.com,
PPA has become one of the leading advocates for the bill's passage. In
his
comments, Senator Leahy mentioned the bill's other advocates as well: the
American Bar Association, the American Intellectual Property Law
Association, the Intellectual Property Owners Association, the
International
Trademark Association and the U.S. Chamber of Commerce.

At press time, the Committee had not yet voted to approve the bill and
send
it to the full Senate. However, Senator Sam Brownback (R-KS) has decided
to
co-sponsor the bill, giving it bi-partisan appeal. The bill, originally
introduced as S. 1611, is now known as S. 2031.

Copyright Registration Assistance At Imaging USA
Photographers who are attending the Imaging USA Convention and Trade
Show,
July 12-17, 2002 in Atlantic City, New Jersey will have the opportunity
to
receive copyright assistance -- free of charge, courtesy of the Copyright
Defense and PPA.

Specialists from the PPA Copyright and Government Affairs Department will
be
available for individualized 30-minute consultations regarding copyright
issues. However, you must make an appointment in advance. Details on how
to
signing up will be in the next issue of the Copyright Defense newsletter.

Copyright registration assistance will also be available on a walk up
basis
at Imaging USA. PPA staff will assist you in completing the necessary
paperwork, assemble your deposit  -- either by scanning a limited number
of
images and contact sheets or you can provide your images on CD; and then
ship your registration to the Copyright Office. Your only expense will be
the Copyright Office's registration fee. 

Final details, including limits on the number of images that may be
scanned,
are being worked out. Complete details will be available in the next
issue
of the Copyright Defense newsletter.

Requests For Assistance Increase by 66%

Since Professional Photographers of America's Council approved funds
creating a department to handle such issues, the number of copyright
infringements in which PPA intervenes on behalf of a member has increased
by
66% compared to the same period one year ago.

"Obviously, the Council deserves credit for having the foresight to
approve
funds for the department," says PPA President Elect Steve Best. "Because
we
now have staff dedicated to working on these problems, members no longer
feel powerless when someone infringes their work, they know that there is
a
powerful trade association that will do its best to help them."

The assistance PPA provides ranges from basic one-on-one copyright
education
with the member to stepping-in and contacting an infringer. While PPA is
legally prevented from acting as a member's agent in a dispute, issuing
strong letters outlining a photographer's rights is usually enough to get
an
infringer's attention.

"Our overriding goal is to help our members by educating infringers and
stopping the practice of illegal copying. However, in some instances our
actions have resulted in photographers getting paid by the infringer,"
adds
Best.
         
Canadians Fight for Copyright 
As photographers in the U.S. are fighting to prevent their rights from
eroding -- Canadian photographers are pressing that nation's parliament
to
give them "first copyright" to their images.

Under current Canadian law, the copyright to a photograph rests with the
person commissioning the image. All other types of creators are
automatically granted rights to their works; photographers are the only
class of artists that are forced to struggle with such an exception.

The Professional Photographers of Canada and the Canadian Association of
Photographers and Illustrators in Communication, the nation's two major
trade photography trade groups, have joined forces to overturn this
exemption. In addition to grassroots and lobbying efforts, PPOC and CAPIC
have looked south of the border for assistance. In two instances,
Professional Photographers of America and the Copyright Defense have
provided informational assistance -- most recently on the balancing of a
photographer's copyright and the client's right to privacy.

We strongly encourage all photographers on the Copyright Defense mailing
list with business interests in Canada to contact PPOC (www.ppoc.ca) or
CAPIC (www.capic.org) and learn more about these efforts.


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