Copyright Office Issues a Notice of Inquiry on Photographs, Graphic Artworks, and Illustrations

The U.S. Copyright Office has published a Federal Register notice requesting written comments on how certain visual works, particularly photographs, graphic artworks, and illustrations, are monetized, enforced, and registered under the Copyright Act. The Office is specifically interested in the current marketplace for these visual works, as well as observations regarding the real or potential obstacles that these authors and, as applicable, their licensees or other representatives face when navigating the digital landscape.Photographers, graphic artists, and illustrators have expressed a growing list of concerns in recent years when speaking to both the Copyright Office and Members of Congress. This Notice of Inquiry thus builds upon our longstanding policy interest in these types of visual works, including the Copyright Office’s studies in a number of areas such as small claims, the making available right, resale royalties, registration, recordation, and the interoperability of records. As always, the Office is interested in the perspectives of copyright owners as well as users of these creative works. This is a general inquiry that will likely lead to additional specific inquiries.The Notice of Inquiry is available here. Written comments are due on or before July 23, 2015, and reply comments are due on or before August 24, 2015.DMLA will be preparing a response to this inquiry and we welcome input from our members. Please contact Nancy Wolff, DMLA Counsel at NWolff@cdas.com with your comments.