MARY EVAN LIBRARY’S PHOTO ON COMMEMORATIVE STAMP

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Mary Evans Picture Library is delighted that an image of the Thiepval Memorial in the Somme area of France by their photographer Mike St. Maur Sheil has been chosen by the Royal Mail to be included in the latest of their commemorative series of stamps entitled “The Great War 1916”. Mike’s image of the Memorial was taken from the site of Brock’s Benefit Trench east of Mesnil . The Memorial to the Missing was designed by Sir Edwin Lutyens (1869-1944) and is the largest war memorial to the British who died in the Great War, standing  almost 50m high.

This is very timely as Mike St. Maur Sheil’s exhibition “Fields of Battle, Lands of Peace – Somme 100” is currently on display outside the Guildhall in London and he has just released a stunning new book of the same title, showcasing the images from the exhibition and many more, and which is available here.

robertharding Unveils New Contributor’s Portal

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robertharding has unveiled an innovative new portal for photography contributors to upload work to their site.

The system features a full online editing module, which is integrated to allow multiple editors to edit submissions via a web browser from anywhere in the world, as well as easier application of model and property releases and enhanced edited submission feedback.

The portal is designed to streamline uploads for robertharding’s team of renowned international photographers, many of whom joined the agency as part of a recent initiative to recruit high-end contemporary travel and nature creators.

Robert Harding says: “Our new contributor’s portal is quick and simple with many new features. We will be adding more new functionality and features over the coming weeks and months. Our new photographer recruitment campaign is in full swing and we are delighted with the results.”

Photographer and videographer Frank Fell commented: “…the new contributors portal is quick and easy to use with new feedback settings to help photographers improve their hit rate of accepted images.”

robertharding is an independent media licensing platform specializing in innovative travel and nature photography and video used by the worlds largest publishers and marketers to bring their projects to life.

For further information, please email at info@robertharding.com.

Supreme Court Instructs Courts On How and When to Award Attorney Fees under the Copyright Act (Kirtsaeng v. Wiley)

by Nancy Wolff, DMLA Counsel and Brittany Kaplan, Cowan, DeBaets, Abrahams & Sheppard LLP

Attorney’s fees under the Us Copyright Act are discretionary with the court, and not awarded as a matter of course. The last time the Supreme Court examined attorney’s fees under the Copyright Act was in 1994 in Fogerty v. Fantasy, Inc., 510 U. S. 517 (1994) where it provided factors for the lower courts to consider and confirmed that defendants, as well as plaintiffs could seek fees as a prevailing party.

In the recent case that reached the Supreme Court, the publisher John Wiley & Sons, Inc. brought a copyright infringement action against Supap Kirtsaeng, a citizen of Thailand who studied math at Cornell University. Kirtsaeng saw an opportunity to make money when he realized that Wiley sold identical English-language textbooks in both countries, but for a much lower price in Thailand. Kirtsaeng could do the math and asked relatives to purchase the textbook in Thailand and send them to him in the United States for resale to American students, at a tidy profit.

Both the District Court and Second Circuit found in favor of Wiley. Kirtsaeng appealed to the U.S. Supreme Court, which reversed the lower courts’ decisions, determining that Kirtsaeng was protected by the Copyright Act’s “first-sale” doctrine despite the fact that the textbooks at issue had been manufactured abroad. This was a previously unsettled area of law under the Copyright Act. As a prevailing party, Kirtsaeng sought an award of more than $2 million in attorney’s fees under the Copyright Act’s fee-shifting provision, 17 U.S.C. § 505. The District Court denied Kirtsaeng’s application, holding that Wiley, although the losing party, had taken reasonable legal positions. The Second Circuit affirmed and Kirstaeng appealed to the Supreme Court.

Copyright Act Section 505:

Under Section 505 a court may award reasonable attorney’s fees to a prevailing party. While the Act provides no precise rule or formula, the Supreme Court in Fogerty identified several factors for courts to consider including frivolousness, motivation, objective unreasonableness, and the need in particular circumstances “to advance considerations of compensation and deterrence.” The Supreme Court also stated that a lower court may not award attorney’s fees as a matter of course, and may not treat prevailing plaintiffs and prevailing defendants differently.

The Supreme Court’s Decision:

Acknowledging that further guidance regarding attorney’s fees would be useful, the Supreme Court sought the proper approach in considering the propriety of fee awards under Section 505 that would best advance of the objectives of the Copyright Act—namely, enriching the general public through access to creative works by striking a balance between rewarding and protecting creators while also enabling others to make use of existing content. Wiley proposed placing substantial weight on the objective reasonableness of a losing party’s position; in contrast, Kirtsaeng proposed giving special consideration to whether a lawsuit meaningfully clarified copyright law by resolving important legal issues.

The Court agreed that Wiley’s test encourages parties with strong positions to assert their rights. Under this approach, a copyright holder whose rights have been infringed would have good reason to bring and maintain a lawsuit, even if available damages are small. Similarly, a party defending against a meritless infringement claim would be incentivized to maintain a strong defense. Conversely, applying Kirtsaeng’s test would not produce any similarly sure benefits. While perhaps advancing the public interest, Kirtsaeng’s test would not necessarily encourage parties to litigate close cases because “the hallmark of hard cases is that no party can be confident if he will win or lose,” and the potential for fee shifting raises high stakes even higher. Even where a court, after ruling on the merits is able to assess whether the losing party advanced an unreasonable claim or defense, it cannot necessarily know whether its decision will have broad legal significance. In that sense, the Court found Wiley’s approach to be “more administrable.”

The Court warned that while objective reasonableness may be an important factor in assessing fee awards, it should not be “controlling.” In other words, courts should consider all factors relevant to granting fees—for instance, a party’s litigation misconduct, or the necessity of deterring repeated instances of copyright infringement or repeated instances of overly aggressive copyright infringement claims. The Court further explained that a fee award may be appropriate even when the losing party advanced a reasonable claim or defense if, considering “all the circumstances,” a fee award would further “the Copyright Act’s essential goals.” The Supreme Court did not suggest the lower court was wrong in declining Kirtsaeng’s fee award but sent the case back for reconsideration based on its clarification that all factors should be considered.

Takeaway:

The Court’s decision offers some further guidance to lower courts assessing fee applications under the Copyright Act, which may lead to greater uniformity of lower court decisions. Specifically the Supreme Court observed that courts within the Second Circuit have come dangerously close to establishing a presumption against granting fees when a claim or defense is found to be reasonable, but warned that such an approach “goes too far.” Parties litigating in the future should expect a more nuanced and possibly complex fee award analysis, and should not presume that fees necessarily will (or will not) be awarded based solely on the reasonableness of the losing party’s position.

Food image agency StockFood is now part of Hubert Burda Media

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Munich, June 16th, 2016. Munich-based StockFood GmbH is now part of Hubert Burda Media´s network. StockFood is one of Germany’s most respected photo agencies. As market leader, it carries works by more than 1,000 food photographers from around the world. StockFood will retain its current workforce and its independence as a company. Hubert Burda Media is one of Germany´s largest media companies and market leader in food media.

Hubert Burda Media is acquiring StockFood, the global market leader in food photography. The agency offers the world’s most comprehensive collection of food images to professional partners in the media, marketing and advertising industries. In addition to the best work of more than 1,000 prize-winning food photographers, the agency’s range of products also extends to videos, features (images and text) and recipes in many different languages. StockFood will become part of the BurdaHome division where Burda has pooled all its journalistic offerings relating to food and living.

StockFood will remain an independent company based in Munich, and nothing will change to its existing relations to customers in more than 120 countries worldwide. Managing Director Martin Skultety is staying on at the helm. Pete Eising, the company’s founder and hitherto largest shareholder, is leaving the agency after more than three decades. He plans to concentrate on his successful Eising Studio which will continue to photograph first-class image productions for StockFood on an exclusive basis.

StockFood will remain an independent provider in the image market while gaining a sustainable boost from its new partnership. In return, Burda’s own food brands will profit from StockFood’s investments and innovations to the same extent as all the agency’s other clients.

Frank-Jörg Ohlhorst, Managing Director of BurdaHome: Our strong food brands have made us the market leader in Germany. StockFood enables us to extend our vertical food portfolio and market our exclusive content on a global scale. We hold the achievements of the StockFood team in very high regard and it will be a pleasure to support the growth of this innovative and thoroughly healthy company.”

Martin Skultety, Managing Director of StockFood: “Our clear focus and excellent network have enabled us to post continuous growth in a stagnating market environment. Burda, the congenial ‘entrepreneurs’ enterprise’, is therefore a perfect fit for our strategy. We are looking forward to joining forces and generating shared synergies as we embrace the future together. At the same time, we will be endeavouring at all times to expand our product range and provide the best possible service to our highly diversified customer base.”

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About StockFood:

StockFood is the leading food specialist among image agencies, offering creative professionals in media, marketing, advertising and publishing the largest food image database on the internet at www.stockfood.com. This includes an unmatched range of Rights-managed and Royalty-free images, videos and features from over 1,000 internationally renowned photographers and film producers. Expert recipe text, created by an in-house team, is available for all images, videos and features.

StockFood was established in Germany in 1979 and is now represented in more than 75 countries, on all continents, by a worldwide network of partner agencies. The company employs 60 people in its offices in Kennebunk, Maine (USA), Munich (Germany) and London (UK).

We will be happy to supply images free of charge, to be used in connection with stories about StockFood.

About Hubert Burda Media:

Responsible for over 400 print and digital consumer brands, Hubert Burda Media is one of Germany’s largest media groups. A strong focus on its digital portfolio and the international media market has been powering growth for several years. Innovation is the driving force behind the organization, which builds on its original roots and values as a family-owned company. It publishes more than 320 magazines around the globe. Burda’s digital business contains successful, expanding companies that include e-commerce and marketing platforms along with rating and agency portals and holdings in social media sites. Burda has 165 million users, approximately 40 million paying consumers and 43,000 advertisers. Its commercial success is driven by some 10,000 employees around the world: Burda is active in 20 markets, above all in Germany, Europe, the United States and Asia.

Don’t Miss the ACSIL FOOTAGE EXPO 2016 – NYC – June 9, 2016

ACSIL

Prince George Ballroom
15 E 27th St, New York, NY 10016
June 9, 2016
9:30 am – 7:00 pm EST

REGISTER TO ATTEND

Don’t miss the Keynote at 10am.
Exhibit Floor opens at 11am and is FREE to media professionals.                                                 Come to Happy Hour from 5pm – 7pm.

GET A PASS to attend concurrent SESSIONS for $50.

TRACK 1/TEA ROOM

RESEARCHERS IN DEMAND – 1pm – 2pm EST
Archival Producers Take Charge as Commissions for Archive-Inspired Programming Break Out

This panel will discuss the role of the Archival Producer on a production team and help the audience understand the growing appetite for such programming among OTT and VOD entities such as Amazon Prime, Netflix, Curiosity Stream, Smithsonian Networks, the Sundance Documentary Channel, and other startups on Apple TV and Roku. Featuring Archival Producers Jessica Berman-Bogdan, Sue Ricketts and Justine Gabbard

FAIR USE BOUNDARY WARS – 2pm – 3pm EST
Producers Rack Up Victories in Court and Start Testing the Limits of Fair

Now that the production community has won the big legal battles regarding Fair Use of Copyright Material, including the right to disenable DVD security coding to exercise their Fair Use rights, a new test of Fair Use is now aggressive and ideological. This panel brings the prominent and active litigators and scholars to argue it out: Where do they agree? Where are the boundaries? What is coming down the legal pipeline that may affect us all? Featuring Nancy E. Wolff, Partner, Cowan, DeBaets, Abrahams & Sheppard LLP; Jack Lehner, Director of Intellectual Property Art and Technology Clinic, University of Califorina, Irvine and David Peck, President, Reelin in the Years

ACSIL THINK TANK – 4pm – 5pm EST
Big Minds Think Big Thoughts About the Future of Footage Licensing

The best strategic minds in technology, entertainment, academia, finance, and media provide their take on the strategic landscape of the footage-licensing future. Featuring Chris Vizas, Partner, Sutton Hoo Studios; Denis Radeke, Content Development Manger, Adobe Systems and Mark Bauman, SVP Business Development, Smithsonian Institution

TRACK 2/GALLERY

IS FOOTAGE GETTING CREATIVE ENOUGH? – 1pm – 2pm EST
Creatives are Turning Evermore to Footage for Their Most Important Campaigns

Creative and marketing professionals are inspired and increasingly searching within the deep visual reservoir of the footage industry. Is the experience of a creative encounter with footage sources what it should be? This session will cast a wide net over the challenges facing the creative industry in searching for and licensing footage content in today’s environment. Featuring Helen Higbee, Director, Business Development, Stills and Footage, Bridgeman Images; Andrew Delaney, Director, Creative Content,Getty Images and Derrick Rhodes, Director of Footage, Shutterstock

FOOTAGE SEARCH OVERDRIVE – 2pm – 3pm EST
How Technology Brings New Joy and Clarity to Footage Discovery

Perhaps no area of search technology is as active today as footage search functionality. The Department of Commerce has devoted significant resources to develop search routines for visual materials that are comparable to our search for text. And semantic web platforms provide associations to resources that are not necessarily built into the database. Many of ACSIL’s members have introduced highly sophisticated search and discovery tools to assist those in need of footage. This panel will provide a bird’s eye view of best search practices and emerging technologies. We’ve gone far beyond “advanced search.” You’ll learn why in this session. Panelists to be announced.

THE HIDDEN GOLD IN FILMMAKER ARCHIVES – 4pm – 5pm EST
Independent Filmmakers Find a Hot Market for Their Stock & Archival Footage

Many filmmakers are generating significant revenue from their independent archives through footage licensing and sales. This panel provides testimonials from independent producers who are generating significant revenue from their personal and independent archives. Footage acquisitions and sales units will provide their take on footage in demand. And services for prepping filmmaker archives for sale will round out this opportunity for today’s creative community. Featuring Rob Crocker, Cinematopher/Founder, Uberstock and Mick Reed, Founder and CEO, Clippin

robertharding photographer wins CEPIC Stock Photography Award

Top robertharding wildlife photographer David Gibbon has won an award at the second CEPIC Stock Photography Competition with his incredible image “Puffin in the Farne Islands”.

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David was recently signed to the agency as part of a new initiative to recruit high-end contemporary travel and nature creators.

The second CEPIC Stock Photography competition attracted over 226 amazing photographers from 16 countries, all of whom are working with stock photo agencies. The photos were featured in an audio-visual exhibit at the CEPIC Congress in Zagreb, Croatia between the 24th and 26th of May 2016.

Robert Harding says: “We are thrilled to see David receiving recognition in this great competition. David is part of an enormously talented new generation of robertharding photographers that continue to produce outstanding work and we’re sure we’ll be seeing many other competition wins in the future.”

robertharding is an independent media licensing platform specialising in innovative travel and nature photography and video, used by the world’s largest publishers and marketeers to bring their projects to life.

We are constantly looking for contributors of high-quality travel photography and video. You can find full details HERE.

Trevillion Shines at the CEPIC Awards

Trevillion Images is thrilled to announce that for the second year running they (http://www.trevillion.com/) have won the CEPIC Stock Photography Awards!

This year two Trevillion photographers stole the show, with Daniil Kontorovich taking first prize, and Oleg Oprisco taking second.

Daniil captivated the audience with his haunting portrait of a red-haired model gazing intently at the camera. Whilst Oleg turned heads with his surreal and playful image of a woman sewing fabric in a field.

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It is a great honor to be associated with CEPIC (http://cepic.org/), which aims to support traditional stock photography and defend the rights of photographers throughout Europe.

To see the winning images and all the other fantastic entries just visit the CEPIC Photography Awards website http://www.cepic-photography-awards.com).

And make sure to check out the winning photographer’s collections on the Trevillion website, Daniil Kontorovich (http://www.trevillion.com/contributor/browse/933/daniil-kontorovich) and Oleg Oprisco (http://www.trevillion.com/contributor/browse/755/oleg-oprisco) have hundreds of stunning images that cannot be missed!

Aurora Photos Looking for Production Coordinator

Aurora Photos Production Coordinator

If you pride yourself as technically savvy , a stickler for detail and numbers, if you get satisfaction in creating smooth & efficient processes, come work with some of the best outdoor photography in the world!

Aurora Photos, an independent international photography agency located in Portland, Maine, seeks a motivated, energetic, detail oriented individual to join the Aurora Team and manage our digital workflow and photographic submissions process, working with contributing photographers as well as leading international photo agencies from Europe and beyond. This is a full-time hands-on position, requiring the individual to immerse themselves in our workflow process.

Duties:

– Guide photographers through the technical aspects of submitting their photography

– Process and track photographer and supplier agency submissions

– Communicate with them to fix errors

– Update captions, keywords and other metadata

– Distribute Aurora images and metadata to partner agencies worldwide

– Manage back-end systems for asset and content management

– Provide technical assistance to sales team for image delivery to client when needed

Job Requirements:

  • A bachelor’s degree
  • At least 3 years of digital media industry / digital asset management experience.
  • Strong organizational skills: The right candidate needs to love and live for organization, crunching numbers and managing details.
  • Strong technology skills: The right candidate needs to be unafraid of technological challenges and finding technological solutions.
  • Must be a team player, who has the ability to self-motivate and work independently
  • Must be able to multitask and handle multiple projects simultaneously from inception to completion.
  • Strong interpersonal and communication skills, and experience working with photographers.
  • An understanding of intellectual property rights and commercial stock photography, a passion and respect for photography, and a love or interest in the outdoors, are definite pluses.

Required Skills:

– High-level experience with Macintosh OS

– High-level experience with Excel, Numbers, or Filemaker Pro

– Experience working with asset management programs such as Photomechanic or Adobe Bridge

– Knowledge of image formatting, color profiles, file formats, and what makes a good digital image.

– Knowledge of IPTC and metadata standards

– Photoshop retouching skills a plus.

– Familiarity with Filemaker Pro, MYSQL or other database experience a plus

This position is full time located in Portland, Maine, with an annual salary commensurate with prior experience. Aurora Photos pays 50% of medical and dental plan, 3 weeks vacation after 1 year of employment and a non-matching 401k plan.

Email a letter of introduction, resume and 3 references in PDF format to: careers@auroraphotos.com

LDV Vision Summit Last Minute Discount for DMLA Members

Jazzed! We are almost at our goal of equal gender balance with ~70 brilliant speakers and judges for our LDV Vision Summit in 4 days.

In the near future, every inanimate object we interact with may not only have the ability to see, but could also improve our lives.

In order for this visibility to happen, objects will need the assistance of visual sensors and cameras and we call this the Internet of Eyes#IoEyes which was just published in The Next Web.

Discount Code:

Promo code: LDV3