January 15, 2003
Photo Organizations Present Reform Ideas to Copyright Office Executives
Three professional photography organizations have presented top officials
at
the U.S. Copyright Office with the blueprint for a copyright registration
system that would make it easier for photographers to gain the highest level
of legal protection for their works.
The Professional Photographers of America, International Association
of
Professional Event Photographers and the Student Photographic Society made
the presentation in an extended meeting with the U.S. Copyright Office.
The
photography organizations presented evidence showing that almost all
photographers are unable to participate in the current copyright system
which requires a physical or electronic deposit of every image registered
in
addition to registration paperwork and $30 fee.
"PPA has long complained that the current system makes it impossible
for
photographers to participate and gain adequate legal protection for their
works," says PPA President Steve Best. "Instead of simply pointing
out the
problem, we've now taken the extra step of quantifying the problem through
research and offering our ideas for a regulatory solution."
The presentation was based on the white paper, "Increasing Photographer
Participation in the Copyright Registration Process." Produced by PPA,
this
fifteen-page report details the shortcomings of the current copyright
registration system, exposes the depth to which the system excludes
photographers and outlines a copyright "self-deposit" system for
photographers. The "self-deposit" system proposal is designed
to help
photographers to easily register their work, while still addressing the
needs of the U.S. Copyright Office and the Library of Congress.
Among the findings in the white paper:
-93% of professional photographers have never registered an image with
the
Copyright Office
-less than 1% of professional photographers register more than half of
their
work.
-the time required to assemble a deposit is the single greatest barrier
to
photographer registration.
"The low participation rate by photographers points to the inadequacy
of the
current system," says PPA CEO David Trust. "Since photographers
are
systematically excluded from the process, they are also denied the
opportunity to receive equal protection under the law."
Trust noted that while it is important to continue fighting to preserve
copyright as a whole, registration reform is the key issue for
photographers. "We can have the strongest laws and enforcement mechanisms
in
the world, but it does photographers absolutely no good if that legal
protection is placed out of reach," notes Trust.
While the presentation and paper are significant steps to getting the
issue
of photographic self-deposit on the table, regulatory reform can be an
excruciatingly slow process. "We are under no illusion about this being
a
short-term effort," says Best. "However, as an organization we
have the
resources and the stamina to see this issue through to the end." Best
commented that in addition to the normal hurdles of regulatory change, the
ideas in the proposal represent such a radical shift from the status quo
that the Copyright Office will need time to acclimate itself to a new way
of
thinking about registration before any change could occur.
During the two-hour meeting, the Copyright Office made no commitment
to
action other than reviewing the proposal. However, the materials presented
did appear to spur action on the Copyright Office's issuance of a
top-to-bottom review of the purposes of having physical deposits of works
at
the Copyright Office. A request for comments from the public on that issue
is expected sometime in 2003.
The paper and presentation were made to Register of Copyrights Marybeth
Peters, Copyright Office General Counsel David O. Carson; Nanette
Petruzelli, Chief of the Examining Division; and John Ashley, head of the
Visual Arts Section of the Examining Division. The presentation was made
by
PPA CEO David Trust and PPA Operations Manager for Copyright and Government
Affairs Stephen Morris on behalf of Professional Photographers of America,
the International Association of Professional Event Photographers and the
Student Photographic Society.
The white paper is available in its entirety at
<http://www.copyrightdefense.com/> www.copyrightdefense.com and
<http://www.ppa.com/> www.ppa.com.
Heather Best
Communications Specialist
Marketing & Communications
Professional Photographers of America
(800) 339-5451, ext. 250