CSUSA Media Library: Session Details

Session Name: Visual Works and the Elusive Exclusive Right To Display
MeetingType: Mid-Winter Meeting
Date: 02/13/15
Description: The ability to license images for commercial and editorial purposes is an essential economic factor for individual photographers and other visual artists, as well as those image aggregators that connect the works of these visual artists to a vast array of users such as media publishers, advertisers, web designers, documentary film makers and broadcasters to name just a few. While images are used more than ever to illustrate ever growing digital media environment, fair use, image framing, embedding and unlicensed uses account for more online and digital uses than licensed uses. Beginning with Kelly v. Arriba Soft, thumbnail size images were considered a fair use when used as part of image search. Larger high resolution use of images that were framed by Google were not considered copyright infringement by the 9th Circuit relying on a newly minted server test in Perfect 10 v. Google. Getty Images recently permitted the embedding of many of its image collection for non-commercial use but objected to a Bing widget that allowed images to be embedded in websites directly from other websites, rather than from the source. Pinterest allows users to “pin” images to bulletin boards. Have image owners lost the right to monetize and control the right to display images once they are online? Do image owners really have the exclusive rights provided by the Copyright Act to publicly display or with video to publicly broadcast the work, and do we meet our WIPO obligations to provide authors with a right to make their work available? How is this right to make available for works online being looked at in the EU level?
Program Details
Course Materials
Speaker(s): Andrew Pequignot, Linda Steinman, Lizanne Vaughan
Moderator(s): Nancy E. Wolff
Keywords: Content Distribution, Display Right, Enforcement, Fair Use, Injunction, Licensing, Photography, Radio, Social Media, Sound Recordings, WIPO