Attendees at the summit included: Picture Archive Council of America (PACA), The American Society of Media Photographers (ASMP), Coordination of European Picture Agencies (CEPIC), British Association of Picture Libraries and Agencies (BAPLA), American Society of Picture Professionals (ASPP), and Stock Artists Alliance (SAA), which is now a part of the Association of Visual Artists (AVA).

While the topics were complex, the purpose was simple, to outline means for collaboration during a difficult time. It is no secret several key issues threaten the health of the industry Throughout the conversation each trade association reviewed its mission and discussed top concerns. The associations came to the following conclusions:

1. Unanimously agreed that it was critical to keep each other updated on a regular basis about developments that are impacting their members.
2. Agreed that they have common interests to pursue on the Google Books Settlement, and they all have interests in the progress or lack of progress in Orphan Works legislation.
3. Agreed, in the interests of photographers and agencies, to keep each other informed about developments with publishers and to work together to help promote uniform licensing practices with the publishers on a national and international level.
4. Each association has educational programs targeted at different audiences. They all agree that the abuse of the ability to right click and usurp an image online is something to combat together. Leaders from ASPP, ASMP, PACA and SAA will gather again next week at PhotoExpo Plus. Coming to the table will be trade associations representing another 30,000 photographers in the effort to gain further common ground.

Link to original post: http://www.fastmediamagazine.com/?p=1602

Paca president Maria Kessler made her keynote speech and adressed the changes in stock photography by way of looking at other industries like TV, music and Publishing. She drew parallels between those industries and urged members to take their learnings from others who have dealt with major change. She told the audience that they need to be especially aware of the wide range of changes around us “We need to look at other content related industries”. In a world that’s no longer linear and a web environment that’s constantly changing relevance is key. The digital future is here, online content is soaring and companies that are successful are those connecting users and making information relevant.

Some trusted businesmodels seem to have suddenly gone away; “TV is over”, many newspapers are near death and media on which we were selling music have gone away. We are seeing the near collapse of industries that we’re used to being a part of. “The digital age has killed scarcity” The key now is to deliver exactly what the reader wants. “We have to look at other industries in the content field.” We’re no longer in a linear world and embrace innovation, open source ideas and collaborations with partners. Freemium may be a way to do this. Where do you come in the workflow, how do you provide relevance?

Video will be as ubiquitousas as text online and is getting record users. Print on demand tools like Blurb, Cafe Press, Lulu and the espresso book machine are growing. She also adresses Ebooks (Fast Media Magazine reported on some of them here and here) and viewing tools like newspaper direct and Fastflip.

She moved on to say “we’re on a diet” and says dieats are here for the right reasons, they take away bad habits and lead to a better health.

Images are not going away, we just need to apply filters. The best content is rising to the top and she believes that “paywalls will rise” soon. She concludes there is a bright future ahead and PACA is there to help” fortify the foundation of the industry”. PACA is also working on some of the fundamental issues facing the industry in the background.

Maria Kessler concluded by saying “We can’t be complacent”

PACA Keynote speech – Miami Florida 17-10-09 from REELDEALHD on Vimeo.

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Link to original post:  http://www.fastmediamagazine.com/?p=1575

Among Widen’s new clients is Oceania Cruises, an upscale cruise line based in the United States offering worldwide voyages to exotic destinations. Oceania Cruises utilizes Widen rich media management technology in support of its online marketing and e-commerce initiatives.

“Due to considerable growth over the past five years, our e-commerce team wanted to make digital assets available to travel partners and other groups from one, easy-to-access repository,” said Jason Barinaga, Manager of E-commerce Initiatives, Oceania Cruises, Inc. “After much research, we were pleased to discover that Widen’s solution provided the three components we wanted in a digital asset management system-scalability, flexibility and user-friendliness. Furthermore, their customer support and implementation team was exceptional in providing the information and support we needed to fluidly understand and integrate the technology into our website.”

Customers new to implementing Widen DAM software include:

• Beazley Group
• City of Lake Forest, California
• Coty Inc.
• CUNA Mutual Group
• DIRECTV Latin America
• Drexel e-Learning
• Hacienda Tres Rios Resort, Spa, & Nature Park
• Messer Construction

“We applaud these new customers for taking steps to maximize the value of their digital media while embracing the Widen software-as-a-service (SaaS) model,” said Matthew Gonnering, CEO of Widen Enterprises. “As we continue to extend our digital asset management services to new markets, we continue to make technological advancements such as upgrades in functionality, security, scalability and architecture. We also dedicate ourselves to making advancements in service programs like Widen25, a commitment to our customers for response times. Don’t forget about what the last ‘S’ in SaaS means! Our customers are excellent marketing, creative, and I.T. people and it’s our job to be excellent at DAM from setup through day-to-day usage so they can continue to excel for their organizations.”

Widen’s DAM solutions provide real-time Web-based access to clients’ digital asset libraries, eliminating extra costs for hardware, software and upgrades. The Widen Media Collective, the primary hosted DAM software service, is currently in version 5.3 and supports creative and marketing workflows for organizations of all sizes in over one dozen different vertical markets.

http://www.prlog.org/10383802-widen-digital-asset-management-software-adopted-by-ten-new-customers-in-q3.html

451 Group, Burton Group, Forrester, Gilbane and IDC Analysts to Debate What’s Real, What’s Hype, and What’s Coming at Gilbane Boston 2009

SharePoint 2010, Enterprise Social Software, Managing User-generated & Mobile Content, Multi-lingual Web Engagement Among Topics to be Discussed

Boston, MA – October 20, 2009 — The annual analyst keynote panel at the sixth annual Gilbane Boston Conference, produced by The Gilbane Group and Lighthouse Seminars, to take place December 1- 3, 2009, in Boston, MA, hosts leading industry analysts who will debate What’s Real, What’s Hype, and What’s Coming in content management and collaboration. Industry analysts from different firms speak at all Gilbane events to make sure conference attendees hear differing opinions from a wide variety of expert sources. A second, third, fourth or fifth opinion will ensure IT and business managers don’t make ill-informed decisions about critical content and information technologies or strategies.

“Industry Analyst Debate: What’s Real, What’s Hype, and What’s Coming” will be a lively, interactive debate guaranteed to be both informative and fun. Participants include moderator, Frank Gilbane, CEO Gilbane Group, and panelists: Melissa Webster, Vice President, Content & Digital Media Technologies, IDC; Stephen Powers, Senior Analyst, Forrester; Dale Waldt, Senior Analyst, Gilbane Group; Kathleen Reidy, Senior Analyst, 451 Group; and Guy Creese, VP & Research Director, Collaboration and Content Strategies, Burton Group.

Some of the topics to be debated are: How the upcoming release of SharePoint 2010 & Office 2010 with affect the web and enterprise content management, search, and collaboration markets; What organizations are finding when they deploy enterprise social software; What companies should be doing about managing user-generated content; Whether it is time to seriously invest in mobile content applications, and; How companies are engaging customers with multi-lingual web sites.

Conference attendees are encouraged to come with questions, and can also suggest questions in advance via our social media channels or email. See http://gilbaneboston.com/conference_program.html#K2 for details. Join the debate!

Additional conference sessions and pre-conference workshops will offer enhanced programs tied to competitive business and productivity issues surrounding a company’s content, collaboration & customers. The conference tracks have been organized around the four major areas of how enterprises use web and content technologies as well as where they are most likely to invest.

Exhibitors
Attendees can also expect a world-class exhibit area, featuring the latest web content management tools, products, and services from 40+ conference sponsors and exhibitors, including: Microsoft, Alterian, atex, Coremedia, EPiServer, Jive, Just Systems, SDL Tridion, Sitecore, Across, Alcero, Backbase, Bridgeline Software, Connotate, Contextual, Day Software, dotCMS, Ephox, FatWire Software, GX Webmanager, Hippo, Inmagic, Kapow Technologies, Kentico, Magnolia, Mark Logic, mediumbold, mindSHIFT, MultiCorpora, Nstein, Nuxeo, Open Text, Pegboard, Percussion, Plone, SDL, Telerik, Translations.com and Vamosa. http://gilbaneboston.com/exhibitors_sponsors.html

Learn more about the Gilbane Boston Conference 2009 by visiting: http://gilbaneboston.com/

By Tom Cowling from Swan Turton Solicitors (Media Entertainement Lawyers)
Link to original article: http://www.swanturton.co.uk/ebulletins/archive/Grisbrook-and-MGN.aspx

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In a judgment issued on 16 October which has potentially important ramifications for the photography industry, the High Court held that MGN Limited, the publishers of the Daily Mirror and other titles, had infringed copyright in photographs included in back copies of newspapers it was making available online to paid subscribers.

Background

The claimant, celebrity photographer Alan Grisbrook, had worked with MGN for a number of years on a freelance basis during which time MGN had published a large number of his images, including on several front covers of the Daily Mirror. There had never been a written agreement between Mr Grisbrook and MGN.

In 1998, not long after he had ceased working with them, Mr Grisbrook sued MGN for unpaid licence fees. That dispute was subsequently settled in 2002 under terms of a Consent Order whereby MGN undertook, amongst other things, to return all physical copies of the images and to delete all electronic copies from their systems. In the 2002 Consent Order, Mr Grisbrook expressly reserved his rights to take legal action against MGN in respect of any future infringements of his copyright.

In 2008, it came to Mr Grisbrook’s attention that MGN were making available back copies of their titles, including the Daily Mirror, to paying customers through various archive websites and that these back copies contained his images or some of them. Mr Grisbrook alleged that, by storing the images electronically and by communicating them to the public in this way, MGN were infringing his copyright and were breaching the 2002 Consent Order.

Mr Grisbrook then took the somewhat unusual step of applying to Court for sequestration of MGN’s assets – a remedy available when a party is found to have acted in contempt by deliberately breaching undertakings given to the court.

The issues relating to sequestration, contempt of court and the terms of the 2002 Consent Order are beyond the scope of this e-bulletin which focuses instead on the more practical and important issue of whether, absent any written agreement, MGN were entitled to publish the images as it did.

The Decision

What the court was required to do in this case was to decide on the scope and the terms of the unwritten contractual licence.

Mr Grisbrook accepted that, by providing MGN with the images, he had granted it a licence to reproduce the Images subject to payment of a fee and that MGN had the right to use the images in subsequent editions (on payment of a further fee). Mr Grisbrook also accepted that MGN were, even many years later, entitled to sell hard copies of newspapers containing the images, eg from unsold surplus stock.

He complained, however, that he had never consented to the inclusion of the images in MGN’s back numbers database and on their websites maintaining that the licence he had granted was limited to only two specific purposes: the production of current newspapers and the occasional future use of material stored in MGN’s picture library (which in time came to include a digital library) in new publications for further payments.

Aside from arguments relating to the construction of the 2002 Consent Order, MGN defended the claim on the grounds that:

1. Mr Grisbrook’s licence extended to any subsequent reproduction or use of the images including use within back copy editions archived electronically and made available to paying subscribers; and

2. MGN’s use of the images was in the public interest.

The judge found as fact that there were very few express terms in the licence agreement and that MGN’s defence turned on whether it could prove that the licence covered not only the publication of the Images in the newspapers in which they had originally appeared but also any form of reproduction of those published newspapers.

The judge referred to the leading authorities on implied licence terms which confirm that when a court is called upon to interpret a licence agreement regarding copyright material, it must adopt a minimalist approach, ie it should only imply into the licence terms which are necessary in the circumstances and no more. Absent written agreement, the licence granted will be only what was necessary to achieve what was in the joint contemplation of the parties at the date it was entered into and it cannot be extended by the court to allow parties to take advantage of new unexpected opportunities.

The court found that on the facts the licence granted by Mr Grisbrook did not allow MGN to publish the images on the websites because this form of commercial exploitation had simply not been in the contemplation of the parties at the time the licence was granted and because this term was not otherwise necessary. MGN had therefore infringed Mr Grisbrook’s copyright in the images.

The judge gave short shrift to MGN’s public interest defence. He found that even if MGN could avail itself of this defence, which he doubted, it would fail because it was difficult to see how MGN’s wish to make its back catalogue available for a fee could override Mr Grisbrook’s legitimate interest in protecting his copyright in the images He then pointed out that Parliament has made extensive provision for ensuring that copyright material of the kind published by MGN (ie newspapers) is widely available to researchers and private users (eg the British Library, prescribed libraries and other legal deposit libraries).

Conclusion

Whilst this judgment is in line with previous authorities, it is a reminder of a number of important issues relevant to the use and exploitation of copyright material and especially photographs:

1. All parties, but especially licensees, should confirm in writing the terms of the licence they obtain to avoid the risk of subsequent disappointment at the court’s narrow interpretation of the licence. Basically if, as a licensee, you want more rights than the bare minimum, confirm it in a written agreement signed by the parties or risk being sued for copyright infringement.

2. Photographers, image libraries and other owners of copyright material should regularly check the uses to which their licensees are putting their material. If your licensees are using your material in ways which were not contemplated by the parties at the time the licence was entered into and in ways which are not covered by any written or other agreement, then you may well have a claim in copyright infringement.

3. Any photographer (or image library) who has licensed images to a newspaper which, like MGN, now appears to be making back copies of their editions available online to paid subscribers, may well, following this case, have a claim in copyright infringement if their licence agreement did not clearly allow such use.

Dust off your licence agreements and review your position.

Tom Cowling
Photography & Visual Arts / Digital Media / Intellectual Property

Link to original article: http://www.swanturton.co.uk/ebulletins/archive/Grisbrook-and-MGN.aspx

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• EPUK: Photographer wins copyright infringement case against Mirror Group Newspapers (blogs.journalism.co.uk)
• Is it OK to use photographs in magazines web archives without paying the photographer? (wine-pictures.blogspot.com)
• Photographer wins copyright ruling (www.guardian.co.uk)

• http://www.guardian.co.uk/media/greenslade/2009/oct/26/trinity-mirror-medialaw

The service will officially be launched at an exclusive party at the newly re-furbished London Aquarium on 19th November 2009. To enquire about invitations, register here www.tradeclips.com/launch.

Image via Wikipedia

Five Easy Pieces…

are the basics of what it takes to get on the road to righteousness with a media archive / DAM / MAM initiative.  I’ve outlined five oversimplified but distinct aspects for you to consider (in no particular order).

Archive

The physical asset triage and prep begins the process.  Identify the scope of your physical asset world, create an inventory of all material in all locations, condition, duplications, etc. and diagnose the prioritization based on a multitude of factors including (but not limited to) the asset’s physical condition, value, relevance of the content contained on media (be it historical, academic or commercial), marketability, usability and level of content interest.  Lastly, don’t forget to factor in the overall rights status of the materials (see previous post, “What About the Content?”).

Rights

In many cases this is a critical and often overlooked aspect of the Archive to DAM exercise (see previous post, “You Have the Right To…”). It’s important to define the state of the rights for the content in the Archive and DAM environment.  This has to happen in tandem with the archive triage process. The overall prioritization has to factor in the rights of efforts could be wasted on processing content thru the workflow that can’t be used.  The rights metadata defines how, when and who may use the content once in the digital system.  This information should be as simple and standardized as possible for the end users to understand and work with content without much wiggle room for personal interpretation of the available rights.  If the digitization efforts are driven primarily by preservation efforts then greater weight will be put on the archive and collection management issues but the rights will still play a part in the overall evaluation.

Metadata

A method for applying succinct yet detailed metadata in a controlled and consistent manner is needed. The goal should be to describe and categorize key aspects of the content (at tape,segment or clip level) beyond the asset or rights specific data…what is the content about and what is its “about-ness?”

Key aspects to consider include who, when and how will metadata be entered and how will it be governed.  You will also need to consider defining a metadata structure, language, style, taxonomy and look to adapt and comply with standards as necessary.  I’ve gone into further detail on this topic in previous posts including, “Defining a Metadata Strategy.” “But What About the Exceptions?” and recently, “It’s About the DAM Data.“

IT / Technology

A media archive DAM project will have an IT / Technology component but DAM projects should not be exclusively theirs.  IT and Technology support specialties encompass system storage and file management, network and infrastructure, security and access, broadcast systems and equipment support as well as general equipment support.  Additionally, these will be the needed points of contact for access and integration within the overall corporate enterprise network.

Good storage and systems management are the backbone of a successful DAM. It doesn’t matter how well the files are digitized, how they are cataloged or how many different iterations have been transcoded…if it’s ultimately not practical to move files around or out of the system in a timely, consistent and reliable way users will not look to rely on this resource.  In a perfect world the complexities and nuances of the infrastructure need to remain invisible.  When you turn on the tap you shouldn’t need to think about the water flowing got there.

Staff

This may seem obvious, but you need to get the right people.  There are different tracks of expertise connected to getting this right. You need to have one person who is the point of contact and focus, to organize, direct, evangelize and ultimately “own” the project.

In some cases, it may make sense to outsource this effort or parts of it, in may also make sense to bring in targeted contract help.  A lot of skills and resources needed may be outside of the companies core competency and be better served by others who do nothing but this.  Either way, the point is to find the right mix of talent then empower and support them to get it done and be focused on the right tasks, “You play the piano all day and jump on a horse…you could get cramps.”