CEPIC announces 5 Board Members in readiness for New Board leadership and changes Post-Pandemic

1st July 2021
CEPIC announces 5 Board Members in readiness for New Board leadership and changes Post-Pandemic

Following its AGM on 29th June 2021, CEPIC are delighted to announce new members of the Board who will ensure and steward CEPIC’s transition towards a new legal entity paving the way for a much broader international organisation, new forms of membership and a new era of diversity and inclusion representing new audiences and communities. The immediate focus will be on a smooth transition period and the economic recovery of CEPIC in the immediate aftermath of the pandemic. The interim Board will consist of new President-Elect, Christina Vaughan together with a transition team of Lars Modie, Stephan Werder, Sergio Griño and Gilles Taquet.

President: Christina Vaughan (UK/ France)

Vice president: Lars Modie (Sweden/ BLF)

Treasurer: Stephan Werder (Switzerland/ SAB)

Members at large:
Sergi Griño (Spain/ AEAPAF)
Gilles Taquet (France/ SNAPIG)

Read more here ...

CLINK is a new member of CEPIC

CLink Media, Inc. (CLink) builds authentication and licensing tools to facilitate legitimate use of online content. CLink is developing a platform for peer-to-peer licensing of online content including authenticated images and other online media. The license and rights status of the online content are tracked in a searchable registry available to the public.

Read more here ...

Other News on CLink on this website:

CLink becomes a member of the Content Authenticity Initiative

Janos Farkas, Speaker at the CEPIC Technology Webinar


Remuneration for Creative Content



Remuneration of authors by online platforms:
The UPP supports extended collective licensing

"Extended collective licensing", a legal tool to be introduced in French law in May 2021, would give authors' societies the role of collecting and redistributing the amount of royalties owed by platforms (YouTube, Facebook and others) to content creators. The UPP supports the legislative steps that aim to put in place mechanism of remuneration of authors by platforms.

Read more here ...

About the Union of Professional Photographers
Union des Photographes Professionnels - Accueil (upp.photo)


EU Copyright Directive


German Law on platform liability for creative content enters into force on 01.08

The German implementation law takes liberty with the EU Directive as it includes provisions that were never debated at Brussels level. For visual content providers the main controversial provisions are the introduction of the exception for pastiche and caricature and a "de minimis" provision that limits the scope of the law to images above 125 KB.

Since only 22 countries have implemented the Directive i.e. Art.17 the question is whether some of them will follow the German example. Stakeholders of the creative industries in Brussels have steadily raised concerns 

News in German:


23 countries have still not implemented the EU Copyright Directive

On 26th July the European Commission has started a formal infringement procedure against the 23 countries that still need to adopt the new copyright rules. Only four of the EU's 27 member states have fully transposed the new copyright directive into national law: Hungary, Germany, the Netherlands and Malta.

France has transposed its most controversial articles on press publishers right (Article 15) and on platform liability for creative content (article 17), nevertheless not the full directive and is therefore amongst the EU member States listed here.

Read more here ...

Implementation guidance on Article 17

On 7th June 2021, the very day of the deadline of implementation of the EU Copyright Directive in the DSM, the European Commission  published its long implementation guidance.

"The guidance on Article 17 of the new Copyright Directive aims to support a coherent application across the Member States of this important provision of the new EU copyright rules. Article 17 provides that online content-sharing service providers need to obtain an authorisation from righthsolders for the content uploaded on their website."

Read press release here ...

Soon after 17 stakeholders of the creative industries in Brussels, including CEPIC, published a joint letter outlining open concerns on these guidances.

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Will Poland's challenge of Article 17 be dismissed?

The Advocate General recommends the CJEU to dismiss Poland's challenge of Art.17 of the EU Copyright in the DSM Directive. If the CJEU follows the opinion of the Advocate General and reject Poland's claim on annulment of this key article of the DSM Directive, this will be very good news for rightsholders.

Read more here ...





Will data continue to flow between EU and UK?

The EU has just agreed equivalency for UK data rules. This means that data can continue to flow between the UK and the EU under GDPR rules.

The agreement finalized by Brussels on Monday will allow Europeans’ personal data to continue to flow to the U.K. unimpeded, avoiding a cliff-edge scenario that might have cost the British economy as much as £1.6 billion.

But the U.K. government is considering diverging from the EU's strict data rules if it means a boost to its digital economy — which could imperil the deal, known as an "adequacy decision." (The European Commission decides if a non-EU country's data protection rules are up to scratch, or "adequate.")

London just got a data deal from the EU. Boris Johnson could scrap it. – POLITICO




France: Press Publishers Right (Article 15)

On 13th July, the French competition authority fined Google €500 million for circumventing the press publisher right. The regulating body had introduced interim measures on press publishers which were not followed and had required that negotiations be led “in good faith”!

Read more here ...

This decision by the competition authority calls into question the agreement reached with a group of press publishers and Google. Through this agreement Google hoped to avoid the implementation of Article 15 of the Copyright Directive in the digital market.




USA: Copyright: Is the "Server Test" losing relevance?

A Manhattan judge rejected for the second time the "server test" to determine whether a visual content has been infringed. The "Server Test" is a concept of US law says that website can only infringe a copyright by displaying an image if it also stores a copy on its server. As a consequence embedded images are not entitled to copyright protection.

Judge Rakoff found that this principle is contrary to US copyright law. "It cannot be that the Copyright Act grants authors an exclusive right to display their work publicly only if that public is not online."

Read more here ...

Nancy Wolff, legal counsel of DMLA, commented:"He is a lower court judge. I suspect it will be appealed and then if upheld, there is a circuit split. It’s good law in the 9th circuit. Ultimately may need to go to Supreme Court."

Authors Rights: Are press pictures public domain?

Buyout contract or public domain, what is the alternative ? While Portuguese photographer Francisco Leong attempts to recover copyright on his images, the AFP has chosen a dangerous ligne of defence and argues that "mere news or photographs that merely report news events are not creative, do not possess originality, and, as such, do not deserve legal protection."

Read more here:

Photo Agency Argues Photojournalists Do Not Have Copyright Protections | PetaPixel

Former AFP photographer fights agency in copyright case - Press Gazette




Shutterstock invests in AI

Shutterstock announced on 27.07 that they are launching a new division Shutterstock AI - For "Artificial Intelligence". The New Yorker based company has acquired three companies that are already active in these areas of AI: Pattern89, Datasine and Shotzr.

"With these acquisitions, we hope to rapidly develop our own predictive performance capabilities to help creatives and customers accomplish their goals by making more data-informed content decisions."

According to its own information, Shutterstock paid around 35 million US dollars for the three companies.

Read more here ...

IPTC signs Liaison agreement with C2PA to help fight disinformation and misinformation

Recently IPTC has been working with many organisations who are creating solutions for the ongoing problem of misinformation and disinformation in news. We are happy to announce that this work continues through IPTC’s liaison relationship with C2PA, the Coalition for Content Provenance and Authenticity.

Read more here ...

BREIN Anti-Piracy Report 2020

Dutch anti-piracy group BREIN announced its 2020 achievements, which include the shutdown of hundreds of pirate sites and services, dozens of settlements, and a local Pirate Bay blockade.


 28 August - 26 September : visa pour l'image (mix: presential and digital)
Professional week: 30.08 - 05.09

 Festival International du Photojournalisme – Visa pour l’image (visapourlimage.com)


7 and 8 October: BAPLA Connect (digital)

25-29 October: DMLA International Conference (digital)


CEPIC and Industry News here.