Senate Bill 79: Fair Use
We are currently working to update the Graffiti Light Project Homepage.
An Arkansas State bill that was submitted back on January 20, 2014 called SB-79 has now passed in what looks to be a unanimous decision and has now made its way to the governors desk.
We are curruntly closed until further notice and are reviewing our database to confirm that we are in compliance to new regulations and that the photography on our page has the required documentation in accordance with the newly proposed legislation.
Claim to Fair Use
Ask the Governor veto SB-79, which expands the Right of Publicity in Arkansas to an unprecedented level.
Explain your concerns, which might include:
- By requiring photographers to get explicit written consent to include an individual’s likeness in a photograph that is used within Arkansas for virtually any purpose except those specifically exempted as Fair Use within the bill, SB-79 places an undue burden on still and motion photographers whose work is used to inform, educate and entertain the public.
- By extending publicity rights to all individuals — not just citizens of Arkansas or celebrities — SB-79 will allow any individual or heir whose likeness is viewable in Arkansas to sue photographers over uses that would be allowed in their state or country.
- SB-79 will not just impact photographers living and working in Arkansas. Anyone who publishes photographs on the Internet could find themselves sued in Arkansas over uses that are allowed everywhere else in the world. Clearly, this is not in the public’s best interests.
- Include a short paragraph expressing how SB-79 will affect you personally. Answering 2-3 of these questions should do the trick:
- Is it realistic to get signed releases from every individual that appears in all your photographs?
- Is it possible in this Internet age for you to ensure your unreleased photographs are never viewed in Arkansas?
- Will you still be able to pursue your livelihood knowing that anyone could sue you for including their likeness in an image that could be viewed in Arkansas?
- How would such lawsuits affect you financially?
- Can you afford to pay legal fees to defend yourself, especially knowing that you’re still liable for those legal fees even if the court finds in your favor?
- If you’ve read the Fair Use exception in the bill, do you feel it’s clear enough that anyone reading could say with certainty what’s allowed and what isn’t?
- Conclude with a second request that the Governor veto SB-79 so new language that finds a more balanced compromise between an individual’s rights, the needs of creators and the public’s best interests can be drafted.
Include your legal name, address and phone number in your signature.
ASMP Advocacy. American Society of Media Photographers; http://asmp.org/sb79#.VRkXNWTSNbs
Arkansas State Legislature 90th General Assembly http://www.arkleg.state.ar.us/assembly/2015/2015R/Bills/SB79.pdf