Please read this message carefully and take immediate action!
A very destructive bill is still being considered in the California Legislature and is now scheduled for a vote in two days -- FRIDAY, AUGUST 31st!! Senate Bill 771 is a right-of-publicity bill that has been pushed by CMG, the celebrity management group, along with other special interest groups. This has been kept off of the radar, without proper public visibility -- hence the short notice on the upcoming vote.
If enacted, this bill will make California's right of publicity retroactive to 1915. This means that any celebrity who died as a resident of California over the past 82 years would have a right of publicity that would pass automatically to his or her residuary beneficiaries. This is a critical point: Even if your use of a photo of a California celebrity was legal when you licensed, that past usage may now suddenly become illegal, subjecting you to liability, damages, punitive damages, and attorneys' fees. And, even if you paid licensing fees in the past for using a dead celebrity's photo, those who were paid may change retroactively. The consequences? You may now be subjected to additional licensing fees and liabilities!
It is crucial for you and all photographers to call your state senator's office. For contact info:
http://192.234.213.69/smapsearch/framepage.asp
When you make your call, give your name, let the receptionist know that you are a constituent, and state that you are adamantly opposed to Senate Bill 771. Please take these few minutes and make this vitally important call to your state senator. And encourage your fellow photographers to do the same. Remember there's strength in numbers!
Those behind the bill are trying to make it appear as a benefit to the families of celebrities. But, who really stands to benefit? A few management companies -- and with the real possibility of being detrimental to the families whom the legislation is supposed to protect.
Who stands to be harmed by the passage of this bill? YOU!
Many thanks in advance for your action!
Constance
Constance Evans
APA National CEO
Wednesday, August 29, 2007
A STEALTH ATTACK ON PHOTOGRAPHERS is in the works.
Posted by
Jen
at
10:11 PM
Labels: industry, licensing, photography
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