On Jul 25, 2011, at 12:03 PM, Hal Gage wrote:
Whether you are a stock photographer or not, if you sell your work in any way, this is of concern to you. Intellectual property is at the core of making art and retaining control of how it is to be, or even if it is to be, used. If you have time, come and show your support.
Hal Gage
Begin forwarded message:
From: Jeff Schultz <jeff@alaskastock.com>
Date: July 25, 2011 11:26:02 AM AKDT
Subject: Copyright infringement hearing in Anchorage
Dear Photographers:
The copyright law is really the only solid tool we as photographers have to use in order to protect our interests to our photographs. The same way an author protects his writings, a filmmaker protects his movie etc. It’s called, intellectual property rights.
As some of you know, Alaska Stock has been in a copyright infringement suit for over 2 years with a nationally known large textbook publisher. It has been established that this publisher has printed many, many more copies of many textbooks than what was licensed from Alaska Stock, (as well as many other agencies and individual photographers). For Alaska Stock that is hundreds of photos from scores of our photographers.
The over-printing is not the issue, that’s a known fact. The issue at hand is “the method in which the photographs were registered” with the copyright office. The textbook publisher is arguing that the registrations are invalid. As you know, you’ve given us permission to register the copyright to photographs you’ve placed with us. This was by design, from a procedure which the U.S. Copyright Office’s registrar of copyright worked out with the attorney of the trade organization PACA – Picture Agency Council of America, of which we are a member. We and nearly every other PACA-member agency have used that method of registration ever since the copyright office made it available – some 10 years or so.
Several months ago, the case was argued in Federal court here in Alaska. The judge sided with the textbook publisher, even though the copyright office sanctioned the copyright registration method. We have appealed that decision and now our case is coming before the 9th circuit court of appeals. Fortunately for us, the 9th circuit is convening here in Anchorage, this week.
I’m writing because I would very much like to see a strong showing of our photographers at this appeal. Normally there is nearly no one at these hearings, so a strong presence of us, will be noticed. You or I won’t have a chance to talk, but I’d like to sit in that courtroom with my friends who understand, support and rely on intellectual property rights and know that I’m not alone.
The appeal is presently scheduled for 9:30 a.m., this Wednesday morning, July 27th. It will last approximately 45 minutes to an hour – that’s it. It’s at the Federal Courthouse at 222 W. 7th Avenue in downtown Anchorage. Please wear a black shirt of any type, in order for us to appear united and sit together with whoever is there first. Please arrive early as it takes a while to get through security screening. I suggest keeping your cell phone in your car, as they are not allowed in the courtroom AT ALL. It must be surrendered at security. I’m not sure what courtroom it is in, but there will be an agenda posted; look for Alaska Stock LLC vs. Houghton Mifflin Harcourt Publishing. I really hope to see you there.
All the best —
Jeff
Jeff Schultz, President
Alaska Stock Images
www.alaskastock.com
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