Urgent Call to Action in California - Labor Law Loophole Respond by June 4, 2019
For years we have been hearing about talent (and their attorneys) filing claims for the "waiting time penalties" which simply state that if a talent isn't paid their wages upon wrap, the producer/photographer/agency is left responsible to pay a penalty which would equal the talent total day wage per day up to 30 days of non payment from the date of wrap.
This has been very costly and inconvenient for many people and companies, and has negatively impacted the print industry in California.
This of course is a Loophole in the Labor Law for Print Productions. The productions for the Motion Picture industry are covered by an exception which allows them to pay talent at the next regular payday, and therefore be able to have time to process talent through payroll and avoid the penalties.
2019 started with many of our producer friends being sued for things that are beyond their control and ability. A group of producers took it upon themselves to look into HOW to change this Loophole for the Print Industry, and gain the same protections that the Motion Picture Industry receives. They reached out to our state politicians and appealed for them to review the laws as they stand.
We're happy to say that California Senate Majority Leader Robert Hertzberg's office has been very receptive, sympathetic and helpful to the cause. They have come up with legislation that should include the print productions under the same protections that the Motion Picture industry have.
While this process took many months we need a few minutes of your time, and now.
Here is the bill and proposed changes:
There is a hearing THIS WEEK. THIS IS WHAT WE NEED FROM YOU....
"Letters of Support" are needed to show the urgent need for them to vote favorably to adding the additional exception to the Labor Code that would grant Stills Shoots the same exceptions that Motion Shoots receive.
APA National, APA Los Angeles, APA San Diego, and APA San Francisco will provide letters of support on behalf of our members.
To have an impact we need to flood them with letters.
Heather Lynn from Prime Casting has been at the forefront and is gathering the letters.
Please email your letter to Heather Lynn <firstname.lastname@example.org>
Title your email: Letter of Support SB 671
Need help writing it?
Be sure email your PDF letter to Heather Lynn <email@example.com> before the end of the day Tuesday, June 4th.
Support the Copyright Alternative in Small-Claims Enforcement
Ask Congress to Support the Copyright Alternative in Small-Claims Enforcement
Stand up for artists’ rights! Ask Congress to Support H.R.3945
Visual artists are entitled to an effective avenue for enforcing their intellectual property rights. We are asking do your part in the fight for hundreds of thousands of visual artists and copyright holders across the nation and demand copyright protection.
Ask your Congressional representative to support H.R.3945
On October 4, 2017, Representatives Hakeem Jeffries (D-NY) and Tom Marino (R-PA), as well as Representatives Doug Collins (R-GA), Lamar Smith (R-TX), Judy Chu (D-CA), and Ted Lieu (D-CA) introduced H.R.3945, the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2017.
The CASE Act seeks to establish a voluntary small claims board within the Copyright Office. Copyright holders could present claims with potential damages of $30,000 or less in a low-cost, simplified process. It will provide copyright owners with an alternative option to the expensive process of bringing infringement claims in federal court.
In April, the House Judiciary Committee will likely consider and vote on the bill.
Organizations representing individual creators and small businesses have voiced their support to legislators. Now Congressional representative nees to know that YOU support the bill.
Please contact your representative - and if you have contacted them previously, please reach out again. Now is the time to remind them that the creative community needs their support. Your calls and letters make a difference.
You can add you name here, pre-written to address your Congressional representative, view, edit and hit send:
Thank you for your time & for standing up for artists’ rights!
Read more about the value of artists to the economy https://pdnpulse.pdnonline.com/2018/03/heres-how-much-photography-contributes-to-the-u-s-economy.html
Call to Action - Support HR3945
Call to action is now - support the creative community
Please ask your representative to cosponsor the CASE Act - #H.R.3935
It’s easy. Add your name here and a letter will go out on your behalf:
Ask your family, friends, and peers to do the same.
This bill will help provide individual creators – such as photographers, illustrators, writers, and musicians – the ability to bring cases without the expense and complexity of Federal Court.
Push it out on social media using hashtags:
The Copyright Alliance Small Claims Working Group has declared January 17th, #SmallClaimsDay
#Creators experience #copyright infringement every day. If you are one of these creators or a friend of the creative community, #UniteForCopyright on January 17 #SmallClaimsDay, and ask your representative to cosponsor #HR3945 http://copyrightalliance.org/get-involved/add-your-voice/
Support the #creative community by asking your representative to cosponsor #HR3945 on January 17, #SmallClaimsDay! Write or call them to ask for their support! http://copyrightdefense.com/action
Tag us on Twitter: @apanational
Tips for Protecting Your Work
While social media sites provide a vast network of marketing opportunities with little or no outlay of cash from users, as you'll see from our Social Media White Paper they are not without costs of a different kind. Consequently, APA recommends that if you choose to post images to social media sites, you do so with full awareness of the potential consequences:
- Terms of Service (ToS) and User Agreements are binding legal documents that apply to you whether you read and fully understand them, or not.
- Most of these documents dictate ways in which the services can use, share, even sell your images without any further permission from you.
- Images you post may escape your control and may not ever be completely removable from the internet, even in cases where you may be legally liable.
- Even if your images never leave the site, you may forfeit future licensing opportunities because clients may want exclusivity that you cannot guarantee.
- You may be liable for others' use, or misuse, of your own images that you post.
If you choose to post images to social media sites:
- Consider limiting your postings to a small, finite group of images you're willing to devote to a marketing or business plan.
- Consider watermarking your images to limit their commercial viability and to prevent your images from becoming separated, or "orphaned" from you, their creator.
- Consider linking to your images from your blog or website, rather than posting new files.
- Check your insurance policy to be sure you're covered for the potential liabilities you assume when posting to social media.
Know your rights. Take a few minutes to read the ToS for wherever you choose to post your work, then decide. And if you don't understand or you're unsure, don't rely on readings on the internet. Consult your own attorney for legal advice.
APA’s California Sales Tax Guide
This document is an explanation of the basic application of sales tax for photographers in California. It covers many situations, but not all. There are additional nuances and gray areas that have been left out in an effort to get the main points across as simply as possible. We advise you to write to the BOE to get specific advice in situations that are not covered here.