WASHINGTON, D.C. – U.S. Senators Marsha Blackburn (R-Tenn.) and Peter Welch (D-Vt.) introduced the Visual Artists Copyright Reform Act (VACRA), which would modernize copyright registration for visual artists to make it easier and less costly for high-volume visual artists to register and protect their works.

“Visual artists produce incredible work that deserves to be protected, but current copyright law has fallen short,” said Senator Blackburn. “The Visual Artists Copyright Reform Act would modernize copyright registration so creators like photographers, illustrators, and graphic artists can protect their work and enforce their rights. This bill would fix a broken system by cutting unnecessary costs and bureaucracy, helping America’s creative community thrive.”

“Vermont’s visual creators make significant contributions to our country, and their work should be protected. But visual artists often struggle to protect the authenticity of their work because of the unique challenges facing high-volume artists,” said Senator Welch. “We’re working to modernize copyright processes and safeguard the creativity of visual artists.”

BACKGROUND

• The Copyright Act offers the promise that copyrightable works are automatically protected the instant they are created. This is a cruel façade as those rights cannot be enforced unless each work is registered with the Copyright Office. 

• The registration process is so bureaucratic and complicated that the time and expense of compliance is too high for high-volume creators like photographers, illustrators, and graphic artists.

• The Copyright Office is aware of these shortcomings but has failed to address them.

THE VISUAL ARTISTS COPYRIGHT REFORM ACT

• The VACRA would: 

• Direct the Register of Copyrights to establish a process for an individual to submit a single application for copyright registration of a group of up to 3,000 photographs;

• Adopt a deferred copyright registration option. Under current law, the Copyright Office calculates registration fees based on their administrative costs, regardless of ability to pay or the punitive impact of high fees on photographers and all creators. These high fees ultimately result in many high-volume visual artists not registering their works because they cannot afford to do so. This bill would create a less costly “deferred examination” option for those who need it; 

• Direct the Register of Copyrights to establish regulations that allow for all-you-can-eatannual registration subscriptions for pictorial, graphic, and sculptural works; and

• Direct the Register of Copyrights to create a modern, secure, searchable registry of electronic copies of copyrighted photos and the copyright holders’ information. Until the Copyright Office can achieve this, photographers would be allowed to submit copies of their photos to Copyright Office-certified private sector registries. Depositing a photo in such a registry would satisfy all necessary copyright deposit requirements. Allowing creators to submit their deposits to third party registries rather than the Copyright Office would streamline the process while also providing the public with useful information about the deposited work. This provision would sunset when the Copyright Office is able to provide its own modern, efficient online system.

Click here for bill text.

ENDORSEMENTS

The VACRA is endorsed by Professional Photographers of America and the American Society of Media Photographers (ASMP):

“Professional photographers are important to our world. They are the keepers of our societal memory,” said Professional Photographers of America CEO David Trust. “The United States is the only country that requires creators to register their works before receiving full protection. It has been inexcusable that this problem has gone on for so long. We cannot praise Senators Blackburn and Welch enough for stepping in to correct the injustice.”

“VACRA breaks down the barriers that prevent so many creators and photographers across the country from being able to protect the fruits of their life’s work and passion,” said ASMP Chief Executive Officer Thomas Maddrey. “These sorely needed and common-sense reforms are long overdue and are a first step in bringing so many artists back into the very copyright system that is designed to support their efforts in the creative economy. ASMP applauds Senator Blackburn and Senator Welch for their leadership and support of VACRA, and the far-reaching effects this bill will have on photographers and all visual creators in this country.”

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